Purchase, Sale and Delivery of the Debentures. (a) The Firm Debentures. The Company agrees to issue and sell to the several Underwriters the Firm Debentures upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Debentures set forth opposite their names on Schedule A at a purchase price of 99.600% of the aggregate principal amount thereof.
Purchase, Sale and Delivery of the Debentures. 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 the Firm Debentures to the several Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the amount of Firm Debentures set opposite that Underwriter’s name in Schedule II hereto. Each Underwriter will purchase such aggregate principal amount of Firm Debentures at an aggregate purchase price equal to 97.6167% of the principal amount thereof (the “Purchase Price”). In addition, on the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company grants to the Underwriters an option to purchase up to $75,000,000 aggregate principal amount of Option Debentures. Such option is granted solely for the purpose of covering over-allotments in the sale of Firm Debentures and is exercisable as provided below in this Section 3. Option Debentures shall be purchased severally for the account of the Underwriters in proportion to the aggregate principal amount of Firm Debentures set forth opposite the name of such Underwriters in Schedule II hereto. Each Underwriter will purchase such aggregate principal amount of Option Debentures at an aggregate purchase price equal to the Purchase Price plus accrued interest, if any, from the First Closing Date (as defined below) to the Second Closing Date (as defined below). The respective purchase obligations of each Underwriter with respect to the Option Debentures shall be adjusted by the Representatives so that no Underwriter shall be obligated to purchase Option Debentures other than in denominations of $1,000 or integral multiples thereof. The Company shall not be obligated to deliver any of the Debentures to be delivered on any Closing Date (as defined below), except upon payment for all the Debentures to be purchased on such Closing Date as provided herein. Delivery of and payment for the Firm Debentures shall be made at the offices of Shearman & Sterling LLP, 500 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 A.M., New York City time, on the fourth full business day following the date of this Agreement or at such other date or place as shall be determined by agreement between the Representatives and the Company. This date and time are sometimes referred to as the “First Closing Date.” The option granted above in this Section 3 will expire 30 days after the date of this Ag...
Purchase, Sale and Delivery of the Debentures. (a) The Firm Debentures. The Company agrees to issue and sell to the several Initial Purchasers the Firm Debentures upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the principal amount at maturity of Firm Debentures set forth opposite their names on Schedule A at a purchase price of 98.5% of the Issue Price thereof.
Purchase, Sale and Delivery of the Debentures. (a) On the basis of the representations, warranties and covenants herein contained, and subject to the conditions herein set forth, the Company and the Guarantors agree to sell to the Initial Purchasers, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate principal amount of Firm Debentures set forth opposite their names on Schedule V at the purchase price of 96.875% of the principal amount of the Firm Debentures (and the Guarantees thereof) (the “Purchase Price”) plus accrued interest if any from the Closing Date.
Purchase, Sale and Delivery of the Debentures. 11 (a) The Firm Debentures 11
Purchase, Sale and Delivery of the Debentures. (a) The Firm Debentures. The Company agrees to issue and sell to the several Initial Purchasers the Firm Debentures upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the respective principal amount of Firm Debentures set forth opposite their names under the heading “Aggregate Principal Amount of Firm Debentures to be Purchased” on Schedule A at a purchase price of 97.5% of the principal amount thereof, in the case of the Series A Debentures, and at a purchase price of 97.5% of the principal amount thereof, in the case of the Series B Debentures (the “Purchase Price”), in each case plus accrued interest, if any, to the First Closing Date.
Purchase, Sale and Delivery of the Debentures. (a) The Firm Debentures. The Company agrees to issue and sell to the several Underwriters the Firm Debentures upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective aggregate principal amount of Firm Debentures set forth opposite their names on Schedule A. The purchase price per Firm Debenture to be paid by the several Underwriters to the Company shall be 97.00% of the aggregate principal amount thereof.
Purchase, Sale and Delivery of the Debentures. Redemptus, as the sole initial Holder, shall acquire from the Issuer on the Closing Date a single Floating Rate Debenture and a single Fixed Rate Debenture, issued in definitive form and substantially in the form of Exhibits A and B to this Agreement, respectively. Upon delivery by the Issuer to Redemptus of the Debentures duly executed by the Issuer, Redemptus will be deemed to have acquired such Debentures.
Purchase, Sale and Delivery of the Debentures. (a) On the basis of the representations, warranties, agreements and covenants contained in this Agreement and subject to the terms and conditions set forth in this Agreement, the Company agrees to sell to each of the Underwriters, and each of the Underwriters, individually and not jointly, agrees to purchase from the Company, at a purchase price equal to ___% of the principal amount, the respective principal amount of Firm Debentures set forth opposite the name of such Underwriter in Schedule 2 to this Agreement. One or more certificates in definitive form for the Firm Debentures that the several Underwriters have agreed to purchase under this Agreement, and in such denomination or denominations and registered in such name or names as you request upon notice to the Company at least 48 hours prior to the Firm Closing Date, shall be delivered by or on behalf of the Company to you on the Closing Date for the respective accounts of the several Underwriters, against payment by or on behalf of the Underwriters of the purchase price therefor by certified or official bank checks drawn upon or by a New York Clearing House bank and payable in next-day funds to the order of the Company or at the option of the Underwriters, by wire transfer to the account of the Company in same-day funds. Such delivery of, and payment for, the Firm Debentures shall be made at the offices of Dykexx Xxxsxxx XXXC, 400 Xxxxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, xx 9:30 A.M., Detroit time, on April ___, 1997, or at such other place, time or date as you and the Company may agree upon or as you may determine pursuant to Section 9 of this Agreement, such time and date of delivery against payment being referred to in this Agreement as the "Firm Closing Date". The Company will make such certificate or
Purchase, Sale and Delivery of the Debentures. (a) The Firm Debentures. Each of the Company and the Subsidiary Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, the Firm Debentures upon the terms herein set forth. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the respective principal amount of Firm Debentures set forth opposite their names on Schedule A at a purchase price of 98% of the aggregate principal amount thereof.
