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 Note 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 purchasing in an offshore transaction in accordance with Regulation S.

Appears in 2 contracts

Samples: Purchase Agreement (Province Healthcare Co), Purchase Agreement (Province Healthcare Co)

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Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Note 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 2 contracts

Samples: Purchase Agreement (Uk Abba Products Inc), Purchase Agreement (Hutchinson Technology Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Note acting as a fiduciary for one or more third parties, each such third party shall, in the judgment of the applicable Initial Purchaser, be an Institutional Accredited Investor, a Qualified Institutional Buyer or a non-U.S. Person purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 2 contracts

Samples: Purchase Agreement (Simon Property Group L P /De/), Purchase Agreement (Simon Property Group L P /De/)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Note Notes acting as a fiduciary for one or more third parties, each third party shall, in the judgment reasonable belief of the applicable such Initial Purchaser, be a Qualified Institutional Buyer or a non-U.S. Person purchasing person outside the United States, in an offshore transaction each case, to whom the notice required in accordance with Regulation S.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 a Note 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 purchasing in an offshore transaction in accordance with Regulation S.outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Polska Telefonia Cyfrowa Sp Zoo)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Note acting as a fiduciary for one or more third parties, each such 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Simon Property Group L P /De/)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser purchaser of a Note acting as a fiduciary for one or more third parties, in connection with an offer and sale to such purchaser pursuant to Section 7.1, 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 1 contract

Samples: Note Purchase and Security Agreement (New World Coffee Manhattan Bagel Inc)

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Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Note 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Sanitec International Sa)

Purchases by Non-Bank Fiduciaries. In the case of a non-non- bank Subsequent Purchaser of a Note 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Pac-West Telecomm Inc)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank Subsequent Purchaser of a Note Unit 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Convergent Communications Inc /Co)

Purchases by Non-Bank Fiduciaries. In the case of a non-bank --------------------------------- Subsequent Purchaser of a Note 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 purchasing in an offshore transaction in accordance with Regulation S.person outside the United States.

Appears in 1 contract

Samples: Purchase Agreement (Dollar Financial Group Inc)

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