Common use of Purchases by Non-Bank Fiduciaries Clause in Contracts

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” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States.

Appears in 2 contracts

Samples: Purchase Agreement (NPC International Inc), Purchase Agreement (Aep Industries Inc)

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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" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer”) or a non-U.S. person outside the United States").

Appears in 2 contracts

Samples: www.sec.gov, Affordable Residential Communities 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 a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States).

Appears in 2 contracts

Samples: Purchase Agreement (St Mary Land & Exploration Co), Purchase Agreement (Anixter International Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank Subsequent Purchaser purchaser of a Security acting as a fiduciary for one or more third parties, each third party shallmust, in the judgment of the applicable Initial PurchaserCompany, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States).

Appears in 2 contracts

Samples: Purchase Agreement (Tortoise Capital Resources Corp), Purchase Agreement (Tortoise Capital Resources 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” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States.States within the meaning of Regulation S.

Appears in 1 contract

Samples: Purchase Agreement (Silver Lake Partners Ii L P)

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”) or a non-U.S. person outside the United States).

Appears in 1 contract

Samples: Purchase Agreement (General Cable 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, 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”) or a non-U.S. person outside the United States).

Appears in 1 contract

Samples: Purchase Agreement (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 PurchaserPurchasers, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States).

Appears in 1 contract

Samples: Purchase Agreement (New River Pharmaceuticals 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 a “qualified an institutional buyer” within the meaning of accredited investor (as such term is defined in Rule 144A 501(a)(1), (2), (3) or (7) under the 1933 Act (0000 Xxx) or a Qualified Institutional Buyer”) or a non-U.S. person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Transwitch 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, each third party shall, in the judgment reasonable belief of the applicable Initial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Securities Act (a “Qualified Institutional Buyer”) or who also qualifies as “qualified purchaser” within the meaning of the 1940 Act. (a non-U.S. person outside the United States“Qualified Purchaser”).

Appears in 1 contract

Samples: Purchase Agreement (Luminent Mortgage Capital Inc)

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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” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside other permitted investor pursuant to the United States1933 Act or 1933 Act Regulations.

Appears in 1 contract

Samples: Purchase Agreement (Titan International 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 a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Securities Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States).

Appears in 1 contract

Samples: Purchase Agreement (RAIT Financial Trust)

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 “accredited investor” within the meaning of Rule 501(a) under the 1933 Act or a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Seneca Gaming 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” within the meaning of Rule 144A under the 1933 Securities Act (a “Qualified Institutional Buyer”) or a non-U.S. person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Aep Industries 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”) or a non-U.S. person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Audiocodes LTD)

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 reasonable judgment of the applicable Initial Purchaser, be a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer”) or a non-U.S. person outside the United States").

Appears in 1 contract

Samples: Purchase Agreement (Wabash National Corp /De)

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