Common use of Purchase, Sale and Delivery Clause in Contracts

Purchase, Sale and Delivery. On the basis of the representations, warranties, agreements and covenants contained herein and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, and the each of Initial Purchasers agrees, severally and not jointly, to purchase from the Company, the respective principal amount of the Notes set forth opposite such Initial Purchaser’s name in Schedule I hereto at a purchase price of 95.501% of the aggregate principal amount thereof. Delivery to the Initial Purchasers of and payment for the Notes shall be made at a Closing (the “Closing”) to be held at 10:00 a.m., New York time, on August 18, 2009 (the “Closing Date”) at the New York offices of Proskauer Rose LLP. The Company shall deliver to the Initial Purchasers one or more certificates representing the Notes in global form, registered in such names and denominations as the Initial Purchasers may request against payment by the Initial Purchasers of the purchase price therefor (net of expenses of the Initial Purchasers that are reimbursable by the Company) by immediately available Federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchasers at least two business days prior to the Closing Date. The certificates representing the Notes in definitive form shall be made available to the Initial Purchasers for inspection at the New York offices of Proskauer Rose LLP (or such other place as shall be reasonably acceptable to the Initial Purchasers) not later than 10:00 a.m. one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“DTC”) or its designated custodian, and registered in the name of Cede & Co.

Purchase, Sale and Delivery. On the basis of the representations, warranties, agreements and covenants herein contained herein and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial PurchasersPurchaser, and the each of Initial Purchasers agrees, severally and not jointly, Purchaser agrees to purchase from the Company, at the respective principal amount of the Notes price set forth opposite such Initial Purchaser’s name in Schedule I hereto at a purchase price of 95.501% of A hereto, the aggregate principal amount thereof. of Notes set forth in Schedule A. Delivery to the Initial Purchasers Purchaser of and payment for the Notes shall be made at a Closing (the “Closing”) to be held at 10:00 a.m., New York City time, on August 18October 22, 2009 (the “Closing Date”) at the New York offices of Proskauer Rose White & Case LLP. The Company shall deliver to the Initial Purchasers Purchaser one or more certificates representing the Notes in global definitive form, registered in such names and denominations as the Initial Purchasers Purchaser may request request, against payment by the Initial Purchasers Purchaser of the purchase price therefor (net of expenses of the Initial Purchasers that are reimbursable by the Company) by immediately available Federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchasers Purchaser at least two business days prior to the Closing DateClosing. The certificates representing the Notes in definitive form shall be made available to the Initial Purchasers Purchaser for inspection at the New York offices of Proskauer Rose White & Case LLP (or such other place as shall be reasonably acceptable to the Initial PurchasersPurchaser) not later than 10:00 a.m. a.m., New York City time, one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“DTC”) or its designated custodian, and registered in the name of Cede & Co.

Purchase, Sale and Delivery. On the basis of the representations, warranties, agreements and covenants herein contained herein and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial PurchasersPurchaser, and the each of Initial Purchasers agrees, severally and not jointly, Purchaser agrees to purchase from the Company, the respective principal amount of the Notes set forth opposite such Initial Purchaser’s name in Schedule I hereto at a purchase price of 95.501$103,398,750 (constituting 97.5% of the aggregate principal amount thereof$106,050,000 of gross proceeds of the Offering) plus accrued interest from December 1, 2006. Delivery to the Initial Purchasers Purchaser of and payment for the Notes shall be made at a Closing (the “Closing”) closing of the Offering to be held at 10:00 a.m., New York City time, on August 18April 5, 2009 2007 (the “"Closing Date”") at the New York offices of Proskauer Rose Weil, Gotshal & Xxxxxx LLP, 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000. The Company shall deliver to the Initial Purchasers Purchaser one or more certificates representing the Notes in global definitive form, registered in such names and denominations as the Initial Purchasers Purchaser may request request, against payment by the Initial Purchasers Purchaser of the purchase price therefor (net of expenses of the Initial Purchasers that are reimbursable by the Company) by immediately available Federal federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchasers Purchaser at least two business days prior to the Closing Date. The certificates representing the Notes in definitive form shall be made available to the Initial Purchasers Purchaser for inspection at the New York offices of Proskauer Rose LLP Weil, Gotshal & Xxxxxx LLP, 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (or such other place as shall be reasonably acceptable to the Initial PurchasersPurchaser) not later than 10:00 a.m. one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“"DTC”") or its designated custodian, and registered in the name of Cede & Co.

Purchase, Sale and Delivery. On the basis of the representations, warranties, agreements and covenants contained herein and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, and the each of the Initial Purchasers agrees, severally and not jointly, to purchase from the Company, Company the respective principal amount of the Notes set forth opposite such Initial Purchaser’s name in Schedule I hereto at a purchase price of 95.50196.33542625% of the aggregate principal amount thereof. Delivery to the Initial Purchasers of and payment for the Notes shall be made at a Closing closing (the “Closing”) to be held at 10:00 a.m., New York time, on August 18November 30, 2009 (the “Closing Date”) at the New York offices of Proskauer Rose LLP. The Company shall deliver to the Initial Purchasers one or more certificates representing the Notes in global form, registered in such names and denominations as the Initial Purchasers may request against payment by the Initial Purchasers of the purchase price therefor (net of expenses of the Initial Purchasers that are reimbursable reimburseable by the Company) by immediately available Federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchasers at least two business days prior to the Closing Date. The certificates representing the Notes in definitive form shall be made available to the Initial Purchasers for inspection at the New York offices of Proskauer Rose LLP (or such other place as shall be reasonably acceptable to the Initial Purchasers) not later than 10:00 a.m. one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“DTC”) or its designated custodian, and registered in the name of Cede & Co.

Purchase, Sale and Delivery. On the basis of the representations, warranties, agreements and covenants herein contained herein and subject to the selling restrictions, terms and conditions herein set forth, the Company agrees Issuers agree to issue and sell to the several Initial PurchasersPurchaser, and the each of Initial Purchasers agrees, severally and not jointly, Purchaser agrees to purchase from the CompanyIssuers, the respective principal amount of the Notes set forth opposite such Initial Purchaser’s name in Schedule I hereto at a 22,491 Units for an aggregate purchase price of 95.501% of the aggregate principal amount thereof$22,266,090.00. Delivery to the Initial Purchasers Purchaser of and payment for the Notes Units shall be made at a Closing closing (the “"Closing”") to be held at 10:00 a.m., New York time, on August 18December 21, 2009 2004 (the “"Closing Date”") at the New York offices of Proskauer Rose Xxxxx, Brown, Xxxx & Maw LLP. The Company Issuers shall deliver to the Initial Purchasers Purchaser one or more certificates representing the Units and underlying Notes in global definitive form, for your account registered in such names and denominations as the Initial Purchasers Purchaser may request no later than 9:00 p.m. two days immediately preceding the Closing Date, against payment by the Initial Purchasers Purchaser of the purchase price therefor (net of expenses of the Initial Purchasers that are reimbursable by the Company) by immediately available Federal funds bank wire transfer to such bank account or accounts as the Company Issuers shall designate to the Initial Purchasers Purchaser at least two business days prior to the Closing DateClosing. The certificates representing the Notes Units in definitive form shall be made available to the Initial Purchasers Purchaser for inspection at the New York offices of Proskauer Rose Mayer, Brown, Xxxx & Maw LLP (or such other place as shall be reasonably acceptable to the Initial PurchasersPurchaser) not later than 10:00 a.m. one business day immediately preceding the Closing Date. Notes Units to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the CompanyIssuers, with The Depository Trust Company (“"DTC”") or its designated custodian, and registered in the name of Cede & Co.

Purchase, Sale and Delivery. On the basis of the representations, warranties, agreements and covenants herein contained herein and subject to the selling restrictions, terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, and the each of Initial Purchasers agreesPurchasers, severally and not jointly, agree to purchase from the Company, the respective principal amount of the Notes set forth opposite such the name of each Initial Purchaser’s name in Schedule I Purchaser on Exhibit C hereto at a purchase price of 95.501% of the aggregate principal amount thereof$102,375,000. Delivery to the Initial Purchasers of and payment for the Notes shall be made at a Closing (the “Closing”) to be held at 10:00 a.m., New York time, on August 18February 15, 2009 2007, or such other date as shall be agreed upon by the Initial Purchasers and the Company (the “Closing Date”) ), at the New York offices of Proskauer Rose Xxxxxx, Xxxxx & Xxxxxxx LLP. The Company shall deliver to the Initial Purchasers one or more certificates representing the Notes in global definitive form, registered in such names and denominations as the Initial Purchasers may request request, against payment by the Initial Purchasers of the purchase price therefor (net of expenses of the Initial Purchasers that are reimbursable by the Company) by immediately available Federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchasers at least two business days prior to the Closing DateClosing. The certificates representing the Notes in definitive form shall be made available to the Initial Purchasers for inspection at the New York offices of Proskauer Rose Mayer, Brown, Xxxx & Maw LLP (or such other place as shall be reasonably acceptable to the Initial Purchasers) not later than 10:00 a.m. one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“DTC”) or its designated custodian, and registered in the name of Cede & Co.