Common use of Purchase of the Securities by the Underwriters Clause in Contracts

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's name in Schedule 1 hereto at a price equal to (i) 99.650% of the principal amount thereof in the case of the 2016 Notes, (ii) 99.060% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notes, in each case plus accrued interest, if any, from December 16, 2013 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Rockwell Collins Inc)

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Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.65099.316% of the principal amount thereof in the case of the 2016 Notes, (ii) 99.0602020 Notes and at a price equal to 99.308% of the principal amount thereof in the case of the 2023 2025 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesplus, in each case plus case, accrued interest, if any, from December 16March 12, 2013 2015 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Lam Research Corp

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities to the several Underwriters as provided named in this AgreementSchedule 1 hereto, 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a purchase price equal to (i) 99.65099.800% of the principal amount thereof in the case of the 2016 Notes, 2015 Notes and (ii) 99.06098.940% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notes, in each case case, plus accrued interest, if any, from December 16February 14, 2013 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Kellogg Co)

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto I hereto, at a price equal to (i) 99.65099.211% of the principal amount thereof in the case of the 2016 Notes, 2018 Notes and (ii) 99.06098.889% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notes, in each case case, plus accrued interest, if any, from December 16August 13, 2013 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Ca, Inc.)

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.65099.388% of the aggregate principal amount thereof in the case of the 2016 Notes, (ii) 99.0602033 Notes and 98.900% of the aggregate principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 2053 Notes, in each case case, plus accrued interest, if any, from December 16September 14, 2013 2023 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Gilead Sciences, Inc.)

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities to the several Underwriters as provided in this Agreement, and each Underwriter, on On the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agreesthe Issuer agrees to issue and sell the Securities to each Underwriter as provided in this Agreement, and each Underwriter, severally and not jointly, agrees to purchase from the Company Issuer the respective principal amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.650with respect to the 2026 Notes, 99.82% of the principal amount thereof, (ii) with respect to the 2031 Notes, 99.70% of the principal amount thereof in and (iii) with respect to the case of the 2016 2041 Notes, (ii) 99.06099.50% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, in each case case, plus accrued interest, if any, from December 16April 15, 2013 2021, to the Closing Date (as defined below). The Company Issuer will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to to: (i) 99.650with respect to the 2032 Notes, 99.202% of the principal amount thereof in the case of the 2016 Notes, and (ii) 99.060with respect to the 2052 Notes, at a price equal to 98.471% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, in each case plus accrued interest, if any, from December 16March 29, 2013 2022 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Brunswick Corp

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities to the several Underwriters as provided in this Agreement, and each Underwriter, on On the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agreesthe Issuer agrees to issue and sell the Securities to each Underwriter as provided in this Agreement, and each Underwriter, severally and not jointly, agrees to purchase from the Company Issuer the respective principal amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.650with respect to the 2030 Notes, 99.531% of the principal amount thereof in the case of the 2016 Notes, and (ii) 99.060with respect to the 2034 Notes, 99.769% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, in each case case, plus accrued interest, if any, from December 16March 18, 2013 2022, to the Closing Date (as defined below). The Company Issuer will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

Purchase of the Securities by the Underwriters. (a) The Company Issuer agrees to issue and sell the Securities to the several Underwriters as named in Schedule 1 hereto, the Parent Guarantor agrees to irrevocably and unconditionally guarantee the Notes in the manner provided in this Agreementherein, 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 Issuer the respective principal amount of Securities Notes set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a purchase price equal to (i) 99.65098.261% of the principal amount thereof in the case of the 2016 Notes, (ii) 99.060% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notes, in each case plus accrued interest, if any, from December 16November 2, 2013 2016 to the Closing Date (as defined below). The Company Issuer will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Whirlpool Corp /De/

Purchase of the Securities by the Underwriters. (a) The Company agrees Issuers agree to issue and sell the Securities 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 Issuers the respective principal amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a purchase price equal to to: (i) 99.65099.308% of the principal amount thereof in the case of the 2016 Notes, 2025 Notes and (ii) 99.06099.080% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 2027 Notes, in each case case, plus accrued interest, if any, from December 16July 30, 2013 2020 to the Closing Date (as defined below). The Company Issuers will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Lennox International Inc)

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's name in Schedule 1 hereto at a price equal to (i) 99.65099.171% of the principal amount thereof in the case of the 2016 Notes, (ii) 99.0602012 Notes and 98.950% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 2018 Notes, in each case plus accrued interest, if any, from December 16June 25, 2013 2007 to the Closing Date (as defined belowin Section 2(c) hereof). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Pactiv Corp

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to to: (i) 99.650with respect to the 2024 Notes, 99.532% of the principal amount thereof in the case of the 2016 Notes, and (ii) 99.060with respect to the 2031 Notes, at a price equal to 99.094% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, in each case plus accrued interest, if any, from December 16August 18, 2013 2021 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Brunswick Corp

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities to the several Underwriters as provided in this Agreement, and each Underwriter, on On the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agreesthe Issuer agrees to issue and sell the Securities to each Underwriter as provided in this Agreement, and each Underwriter, severally and not jointly, agrees to purchase from the Company Issuer the respective principal amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.650with respect to the 2030 Notes, 99.596% of the principal amount thereof in the case of the 2016 Notes, and (ii) 99.060with respect to the 2050 Notes, 99.520% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, in each case case, plus accrued interest, if any, from December 16October 15, 2013 2020, to the Closing Date (as defined below). The Company Issuer will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

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Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount amounts of the Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.65099.308% of the principal amount thereof in the case of the 2016 2027 Notes, (ii) 99.06099.058% of the principal amount thereof in the case of the 2023 2032 Notes and (iii) 98.71598.748% of the principal amount thereof in the case of the 2043 2052 Notes, in each case plus accrued interest, if any, from December 16May 13, 2013 2022 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Albemarle Corp

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities to the several Underwriters as provided in this Agreement, and each Underwriter, on On the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agreesthe Issuer agrees to issue and sell the Securities to each Underwriter as provided in this Agreement, and each Underwriter, severally and not jointly, agrees to purchase from the Company Issuer the respective principal amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.650with respect to the 2027 Notes, 99.861% of the principal amount thereof, (ii) with respect to the 2032 Notes, 99.765% of the principal amount thereof in and (iii) with respect to the case of the 2016 2052 Notes, (ii) 99.06099.247% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, in each case case, plus accrued interest, if any, from December 16March 15, 2013 2022, to the Closing Date (as defined below). The Company Issuer will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Berkshire Hathaway Inc

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.65099.597%, 99.338%, 99.223%, 98.987% and 98.438% of the principal amount thereof in the case of the 2016 2020 Notes, (ii) 99.060% of the principal amount thereof in 2022 Notes, the case of 2024 Notes, the 2023 2027 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 2047 Notes, respectively, in each case case, plus accrued interest, if any, from December May 16, 2013 2017 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Sherwin Williams Co

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's name in Schedule 1 hereto at a price equal to (i) 99.65099.367% of the principal amount thereof in the case of with respect to the 2016 Notes, (ii) 99.060Notes and 98.088% of the principal amount of thereof in with respect to the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 2021 Notes, in each case case, plus accrued interest, if any, from December 16September 12, 2013 2011 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Heinz H J Co

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of the Securities set forth opposite such Underwriter's name in Schedule 1 hereto at a price equal to (i) 99.65099.3445% of the principal amount thereof thereof, in the case of the 2016 Notes2013 Securities, (ii) 99.06099.243% of the principal amount thereof thereof, in the case of the 2023 Notes 2017 Securities and (iii) 98.71598.530% of the principal amount thereof thereof, in the case of the 2043 Notes2037 Securities, in each case plus accrued interest, if any, from December 16May 21, 2013 2007 to the Closing Date (as defined belowsuch term is hereinafter defined). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (United States Steel Corp)

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (i) 99.65098.927% of the principal amount thereof in the case of the 2016 Notes, (ii) 99.0602024 Notes and 98.380% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 2044 Notes, in each case plus accrued interest, if any, from December 162, 2013 2014 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (Raytheon Co/)

Purchase of the Securities by the Underwriters. (a) The Company agrees to issue and sell the Securities 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 amount of Securities set forth opposite such Underwriter's ’s name in Schedule 1 hereto at a price equal to (ia) 99.650in the case of the 2028 Notes, 99.183% of the principal amount thereof and (b) in the case of the 2016 2031 Notes, (ii) 99.06099.226% of the principal amount thereof in the case of the 2023 Notes and (iii) 98.715% of the principal amount thereof in the case of the 2043 Notesthereof, plus, in each case plus case, accrued interest, if any, from December 16November 30, 2013 2020 to the Closing Date (as defined below). The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.

Appears in 1 contract

Samples: Underwriting Agreement (TJX Companies Inc /De/)

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