Purchase of the Notes by the Underwriters. (a) The Company agrees to issue and sell the Firm Notes to the several Underwriters as provided in this Agreement, and each Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, severally and not jointly, to purchase from the Company the respective principal amounts of the Firm Notes set forth opposite such Underwriter’s name in Schedule 1 hereto at a price equal to 95.5% of the principal amount thereof (the “Purchase Price”). In addition, the Company agrees to issue and sell the Option Notes to the several Underwriters as provided in this Agreement, and the Underwriters, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, shall have the option to purchase, severally and not jointly, from the Company the Option Notes at the Purchase Price less an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Notes but not payable on the Option Notes. If any Option Notes are to be purchased, the principal amount of Option Notes to be purchased by each Underwriter shall be the principal amount of Option Notes which bears the same ratio to the aggregate principal amount of Option Notes being purchased as the principal amount of Firm Notes set forth opposite the name of such Underwriter in Schedule 1 hereto (or such principal amount increased as set forth in Section 10 hereof) bears to the aggregate principal amount of Firm Notes being purchased from the Company by the several Underwriters, subject, however, to such adjustments to eliminate any fractional Notes as the Representatives in their sole discretion shall make. The Underwriters may exercise the option to purchase Option Notes at any time in whole, or from time to time in part, on or before the 30th day following the date of the Prospectus, by written notice from the Representatives to the Company. Such notice shall set forth the aggregate principal amount of Option Notes as to which the option is being exercised and the date and time when the Option Notes are to be delivered and paid for, which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than the Closing Date or later than the 10th full business day (as hereinafter defined) after the date of such notice (unless such time and date are postponed in accordance with the provisions of Section...
Purchase of the Notes by the Underwriters. Subject to the terms and conditions and upon the basis of the representations and warranties herein set forth, the Company agrees to issue and sell to the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a price equal to 104.25% of the principal amount thereof, plus accrued interest, if any, from June 1, 2012, the principal amount of the Notes set forth opposite such Underwriter’s name in Schedule I hereto.
Purchase of the Notes by the Underwriters. Subject to the terms and conditions and upon the basis of the representations and warranties herein set forth, the Company agrees to issue and sell to the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a price equal to 98.75% of the principal amount thereof, plus accrued interest, if any, from November 9, 2016, the principal amount of the Notes set forth opposite such Underwriter’s name in Schedule I hereto.
Purchase of the Notes by the Underwriters. Subject to the terms and conditions and upon the basis of the representations and warranties herein set forth, the Company hereby agrees to issue and sell to the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a price equal to 99.182% of the principal amount thereof, plus accrued interest, if any, from March 8, 2016, the principal amount of the Notes set forth opposite such Underwriter’s name in Schedule I hereto, together with any additional Notes which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 of this Agreement.
Purchase of the Notes by the Underwriters. (a) The Partnership agrees to issue and sell the Notes to the several Underwriters as provided in this Agreement, and each Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, severally and not jointly, to purchase from the Partnership the respective amount of (i) 2020 Notes set forth opposite such Underwriter’s name in Schedule 1 hereto at a purchase price of 99.40% of the principal amount thereof, plus accrued interest, if any, from February 23, 2015, payable on the Closing Date, (ii) 2025 Notes set forth opposite such Underwriter’s name in Schedule 1 hereto at a purchase price of 99.317% of the principal amount thereof, plus accrued interest, if any, from February 23, 2015, payable on the Closing Date, and (iii) 2045 Notes set forth opposite such Underwriter’s name in Schedule 1 hereto at a purchase price of 99.078% of the principal amount thereof, plus accrued interest, if any, from February 23, 2015, payable on the Closing Date, (the amounts in (i) through (iii) of the preceding collectively, the “Purchase Price”).
(b) The Partnership understands that the Underwriters intend to make a public offering of the Notes as soon after the effectiveness of this Agreement as in the judgment of the Representatives is advisable, and initially to offer the Notes on the terms set forth in the Prospectus. The Partnership acknowledges and agrees that the Underwriters may offer and sell the Notes to or through any affiliate of an Underwriter.
(c) Payment for the Notes shall be made by wire transfer in immediately available funds to the account specified by the Partnership to the Representatives and delivery of certificates for the Notes in global form to be purchased by the Underwriters shall each be made at the offices of Xxxxxxx Xxxxx LLP at 000 Xxxxxx Xx., Ste. 4200, Houston, Texas 77002, at 10:00 A.M., New York City time, on February 23, 2015, or at such other time or place on the same or such other date, not later than the fifth business day thereafter, as the Representatives and the Partnership may agree upon in writing. The time and date of such payment for the Notes is referred to herein as the “Closing Date.”
(d) The Partnership shall deliver against payment of the cash Purchase Price the Notes in the form of one or more permanent global notes in definitive form deposited with the Trustee as custodian for the Depository and registered in the name of Cede & Co., as ...
Purchase of the Notes by the Underwriters. The Company and the Guarantors, jointly and severally hereby agree, on the basis of the representations, warranties, covenants and agreements of the Underwriters contained herein and subject to all the terms and conditions set forth herein, to issue and sell to the Underwriters and, upon the basis of the representations, warranties and agreements of the Company and the Guarantors herein contained and subject to all the terms and conditions set forth herein, the Underwriters agree, severally and not jointly, to purchase from the Company, at a purchase price of 99.101% of the principal amount thereof, plus accrued interest from the Closing Date to the date of payment, if any, the principal amount of Notes set forth opposite the name of such Underwriter in Schedule I hereto. The Company and the Guarantors shall not be obligated to deliver any of the Notes to be delivered hereunder except upon payment for all of the Notes to be purchased as provided herein.
Purchase of the Notes by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to issue and sell to the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company the respective principal amount of the Notes set forth opposite that Underwriter’s name in Schedule 1 hereto at a price equal to 99.233% of the principal amount of Notes thereof, plus, accrued interest, if any, from May 14, 2020 to the Delivery Date. The Company shall not be obligated to deliver any of the Notes to be delivered on the Delivery Date, except upon payment for all such Notes to be purchased on the Delivery Date as provided herein.
Purchase of the Notes by the Underwriters. Subject to the terms and conditions and upon the basis of the representations and warranties herein set forth, the Company agrees to issue and sell to the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a price equal to 99% of the principal amount thereof, plus accrued interest, if any, from May 26, 2006, the principal amount of the Notes set forth opposite such Underwriter's name in Schedule I hereto, provided, however, that the total principal amount of Notes to be purchased by all Underwriters shall be the total principal amount of Notes set forth in Schedule I. The Company shall not be obligated to deliver any of the Notes, except upon payment for all the Notes to be purchased on the Closing Date as provided herein. Upon authorization by the Representative of the release of the Notes, the Underwriters propose to offer the Notes to the public as set forth in the Prospectus.
Purchase of the Notes by the Underwriters. On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell to the Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase from the Company, the aggregate principal amount of Notes set forth opposite that Underwriter’s name in Schedule 1 hereto. The price of the Notes shall be 98.25% of the principal amount per Note. The Company shall not be obligated to deliver any of the Notes to be delivered on the Delivery Date except upon payment for all the Notes to be purchased on the Delivery Date as provided herein.
Purchase of the Notes by the Underwriters. Subject to the terms and conditions and upon the basis of the representations and warranties herein set forth, the Company agrees to issue and sell to the Underwriters, and each of the Underwriters agrees, severally and not jointly, to purchase from the Company, at a price equal to 98.597% of the principal amount thereof, plus accrued interest, if any, from March 11, 2003, the principal amount of the Notes set forth opposite such Underwriter's name in Schedule I hereto. The Underwriters propose to offer the Notes to the public as set forth in the Prospectus.
