Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 7 contracts
Samples: Purchase Agreement (Language Line Holdings, Inc.), Purchase Agreement (Atlantic Broadband Management, LLC), Purchase Agreement (Language Line Costa Rica, LLC)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 6 contracts
Samples: Purchase Agreement (Human Genome Sciences Inc), Purchase Agreement (Wynn Resorts LTD), Purchase Agreement (Illinois Power Co)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 4 contracts
Samples: Purchase Agreement (Raser Technologies Inc), Purchase Agreement (Aar Corp), Purchase Agreement (Aar Corp)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer Buyer") or a non-U.S. person outside the United States.
Appears in 3 contracts
Samples: Purchase Agreement (Norfolk Southern Corp), Purchase Agreement (Seneca Erie Gaming Corp), Purchase Agreement (Service Corporation International)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser subsequent purchaser of a Preference Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 3 contracts
Samples: Entertainment Inc, Entertainment Inc, Entertainment Inc
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer Buyer”) or a non-U.S. person outside the United States.
Appears in 3 contracts
Samples: Purchase Agreement (Archer Daniels Midland Co), Purchase Agreement (Carriage Team Florida Cemetery LLC), Purchase Agreement (Universal Hospital Services Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Capital Security acting as a fiduciary for one or more third partiesparties in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 3 contracts
Samples: Purchase Agreement (Hubco Inc), Purchase Agreement (United National Bancorp), Hubco Inc
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 3 contracts
Samples: Purchase Agreement (Ck Witco Corp), Purchase Agreement (Case Corp), Supreme International Corp
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.States eligible to purchase Securities pursuant to Regulation S.
Appears in 2 contracts
Samples: Purchase Agreement (CHC Ireland LTD), Purchase Agreement (CHC Helicopter Corp)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 2 contracts
Samples: Purchase Agreement (Leiner Health Products Inc), Warrant Agreement (Rhythms Net Connections Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 9.1, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 2 contracts
Samples: Exchange Agreement (Check Mart of New Mexico Inc), Exchange Agreement (Check Mart of New Mexico Inc)
Purchases by Non-Bank Fiduciaries. In the case of a --------------------------------- non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) (i) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 2 contracts
Samples: Purchase Agreement (Cross Timbers Oil Co), Purchase Agreement (Cross Timbers Oil Co)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.. (iv)
Appears in 2 contracts
Samples: Purchase Agreement (Pepco Holdings Inc), Pepco Holdings Inc
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a an Original Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 2 contracts
Samples: Purchase Agreement (Interpool Inc), Purchase Agreement (Interpool Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial PurchaserPurchasers, be a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 2 contracts
Samples: Purchase Agreement (Tektronix Inc), Purchase Agreement (United Auto Group Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank --------------------------------- Subsequent Purchaser of a Security or the Warrant Shares acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 9.01, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Purchase Agreement (Intira Corp)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-non- bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) (i) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (i) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Action Performance Companies (Action Performance Companies Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Purchase Agreement (Ck Witco Corp)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent --------------------------------- Eligilible Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States., as those terms are defined in Rule 144A.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable such Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 1 contract
Samples: Cv Therapeutics Inc
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial PurchaserSelling Noteholder, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a an Original Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a nonNon-U.S. person outside the United StatesPerson.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (i) above, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Purchase Agreement (Aflac Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-non- --------------------------------- bank Subsequent Purchaser of a Designated Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.. (iv)
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a “qualified institutional buyer” within the meaning of Rule 144A under the Act (a “Qualified Institutional Buyer Buyer”) or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) (i) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Caprock Communications Corp
Purchases by Non-Bank Fiduciaries. In the case of a --------------------------------- non-bank Subsequent Purchaser of a Security Securities acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser subsequent purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (i) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United StatesBuyer.
Appears in 1 contract
Samples: Registration Rights Agreement (Idec Pharmaceuticals Corp / De)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (i) above, each third party shall, in the judgment of the applicable Initial PurchaserPurchasers, be a Qualified Institutional Buyer or a non-U.S. person Person outside the United States.
Appears in 1 contract
Samples: Dti Holdings Inc
Purchases by Non-Bank Fiduciaries. In the case of a non-bank --------------------------------- Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (i) above, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Hammond Residential LLC
Purchases by Non-Bank Fiduciaries. In the case of a non-bank --------------------------------- Subsequent Purchaser of a Security Securities acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States, as defined in Regulation S under the 1933 Act.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank --------------------------------- Subsequent Purchaser of a Series A Capital Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (a) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Allmerica Financial Corp
Purchases by Non-Bank Fiduciaries. In the case of a non-non- bank Subsequent Purchaser of a Security Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to clause (i) above, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security Securities acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or an Institutional Accredited Investor or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Kohls Corporation
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party shall, in the judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
Samples: Purchase Agreement (Best Built Inc)
Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to this Section 9.01, each third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer or a non-U.S. person outside the United States.
Appears in 1 contract
