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 Shares acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) above, each third party shall, in the reasonable judgment of the Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 2 contracts

Samples: Purchase Agreement (First Industrial Realty Trust Inc), Purchase Agreement (Weingarten Realty Investors /Tx/)

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Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) above, each third party shall, in the reasonable judgment of the Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Cyberonics Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) aboveSubsequent Purchaser by an Initial Purchaser, each third party shall, in the reasonable judgment belief of the Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Global Telesystems Group Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(aclause (i) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Commscope Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(aclause (a) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Rhythms Net Connections Inc

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to this Section 8(a) above2(a), each third party shall, in the reasonable judgment of the Initial PurchaserInvestor, be a Qualified Institutional Buyerqualified institutional buyer.

Appears in 1 contract

Samples: Investor Rights Agreement (Ashford Hospitality Trust Inc)

Purchases by Non-Bank Fiduciaries. In the case of a Subsequent Purchaser that is a non-bank Subsequent Purchaser of Shares acting as a fiduciary for one or more third partiesparties in connection with its purchase of Notes from an Initial Purchaser, in connection with an offer and sale to such purchaser pursuant to Section 8(a) abovea Subsequent Purchaser by the Initial Purchasers, each such third party shall, in the reasonable judgment belief of the Initial PurchaserPurchasers, be an Institutional Accredited Investor or a Qualified Institutional BuyerQIB.

Appears in 1 contract

Samples: Purchase Agreement (Old Line Bancshares Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(aclause (a) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Nextlink Communications LLC

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser Purchaser pursuant to Section 8(aclause (i) above, each third party shall, in the reasonable judgment of the Initial PurchaserPlacement Agent, be an Institutional Accredited Investor or a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Continucare Corp

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares 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 Section 8(aclause (a) above, each third party shall, in the reasonable judgment of the Initial Purchaser, be an Institutional Accredited Investor or a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Equitable of Iowa Companies

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) above, each third party shall, in the reasonable judgment belief of the such Initial Purchaser, be a Qualified Institutional BuyerBuyer to whom the notice required in subsection (iv) has been given.

Appears in 1 contract

Samples: Purchase Agreement (America West Holdings Corp)

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Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) above, each third party shall, in the reasonable judgment belief of the such Initial Purchaser, be a Qualified Institutional Buyer, to whom the notice required in subsection (iv) below has been given.

Appears in 1 contract

Samples: Purchase Agreement (RPM International Inc/De/)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(aclause (a) above, each such third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Ampex Corp /De/)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) above, each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Agreement (Pinnacle Airlines Corp)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares a Unit acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) abovethis clause (a), each third party shall, in the reasonable judgment of the applicable Initial Purchaser, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Aladdin Gaming Enterprises Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser purchaser of Shares a Security acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(aclause (A) above, each third party shall, in the reasonable judgment of the Initial applicable Purchaser, be an institutional accredited investor or a Qualified Institutional Buyerqualified institutional buyer.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Republic Bancorp Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of Shares Securities acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 8(a) above, each third party shall, in the reasonable judgment of the Initial PurchaserPurchasers, be a Qualified Institutional Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Mgi Pharma Inc)

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