Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 17 contracts
Samples: Purchase Agreement (Stats Chippac Ltd.), Purchase Agreement (Illinois Power Co), Purchase Agreement (Transwitch Corp /De)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 10 contracts
Samples: Purchase Agreement (Norfolk Southern Corp), Purchase Agreement (Norfolk Southern Corp), Purchase Agreement (Seneca Erie Gaming Corp)
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 7 contracts
Samples: Purchase Agreement (Business Development Corp of America), Purchase Agreement (Kayne Anderson MLP Investment CO), Purchase Agreement (Kayne Anderson MLP Investment CO)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 6 contracts
Samples: Purchase Agreement (Global Telesystems Group Inc), Purchase Agreement (Golden Sky Systems Inc), Purchase Agreement (California Steel Industries Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Operating Partnership that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 5 contracts
Samples: Purchase Agreement (Simon Property Group L P /De/), Purchase Agreement (Simon Property Group L P /De/), Purchase Agreement (Simon Property Group L P /De/)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 5 contracts
Samples: Registration Rights Agreement, Purchase Agreement (Archer Daniels Midland Co), Purchase Agreement (Mylan Inc.)
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 4 contracts
Samples: Purchase Agreement, Registration Rights Agreement (Idec Pharmaceuticals Corp / De), Purchase Agreement (Perry Ellis International Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 3 contracts
Samples: Purchase Agreement (Imc Global Inc), Viacom International Inc /De/, Viacom International Inc /De/
Qualified Institutional Buyer. Each Initial The Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 3 contracts
Samples: Entertainment Inc, Entertainment Inc, Entertainment Inc
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company and each of the Guarantors that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 2 contracts
Samples: Purchase Agreement (Sonic Automotive Inc), Purchase Agreement (Autobahn Inc)
Qualified Institutional Buyer. Each Initial Purchaser Purchaser, severally and not jointly jointly, represents and warrants to, and agrees with, the Company that it such Initial Purchaser is a "qualified institutional buyer" within the meaning of buyer as defined in Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor"“QIB”).
Appears in 2 contracts
Samples: Purchase Agreement (Innovative Industrial Properties Inc), Purchase Agreement (Innovative Industrial Properties Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Issuers that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 2 contracts
Samples: Purchase Agreement (NPC International Inc), Purchase Agreement (BRP (Luxembourg) 4 S.a.r.l.)
Qualified Institutional Buyer. Each Initial Purchaser severally ----------------------------- and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" Qualified Institutional Buyer within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 2 contracts
Samples: Purchase Agreement (Grand Palais Riverboat Inc), Purchase Agreement (Isle of Capri Casinos Inc)
Qualified Institutional Buyer. Each Initial Purchaser Purchaser, severally and not jointly jointly, represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 2 contracts
Samples: Purchase Agreement (Aar Corp), Purchase Agreement (Aar Corp)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly hereby represents and warrants to, and agrees with, the Company Issuer that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Securities Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 2 contracts
Samples: Purchase Agreement (PTC International Finance Holding B V), Polska Telefonia Cyfrowa Sp Zoo
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Issuers that it is a "qualified institutional buyer" Qualified Institutional Buyer within the meaning of Rule 144A under the 1933 Act Act. (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor"d).
Appears in 2 contracts
Samples: Registration Rights Agreement (Bear Island Finance Co Ii), Registration Rights Agreement (Bear Island Finance Co Ii)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that that, as of the date hereof and as of the Closing Date, it is a "qualified institutional buyer" within the meaning meaning, of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 2 contracts
Samples: Warrant Agreement (Rhythms Net Connections Inc), Purchase Agreement (Rhythms Net Connections Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Issuers that it is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the 1933 Act (a "“Qualified Institutional Buyer"”) and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 2 contracts
Samples: Purchase Agreement (Atlantic Broadband Management, LLC), Purchase Agreement (Language Line Costa Rica, LLC)
Qualified Institutional Buyer. Each Initial Purchaser Purchaser, severally and not jointly jointly, represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 2 contracts
Samples: Purchase Agreement (Aar Corp), Purchase Agreement (Aar Corp)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that that, as of the date hereof and as of the Closing Date, it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 2 contracts
Samples: Purchase Agreement (Rhythms Net Connections Inc), Rhythms Net Connections Inc
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company and each of the Guarantors that it is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the 1933 Act (a "“Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor"”).
Appears in 2 contracts
Samples: Purchase Agreement (Sre Maryland 2 LLC), Purchase Agreement (Sonic Automotive Clearwater Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional 17 buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Samples: Purchase Agreement (Di Giorgio Corp)
Qualified Institutional Buyer. Each of the Initial Purchaser severally and not jointly Purchasers represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Samples: Purchase Agreement (Tektronix Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company and the Guarantors that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Issuer that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Samples: Purchase Agreement (Universal Hospital Services Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Samples: Purchase Agreement (Bally Total Fitness Holding Corp)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and or an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Samples: Nextlink Communications LLC
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly hereby represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the 1933 Act (a "“Qualified Institutional Buyer"”) and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Samples: Purchase Agreement (Audiocodes LTD)
Qualified Institutional Buyer. Each The Initial Purchaser severally Purchasers each represent and not jointly represents and warrants warrant to, and agrees agree with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Samples: Business Development Corp of America
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" Qualified Institutional Buyer within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the 1933 Act (a "“Qualified Institutional Buyer"”) and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Issuers and each of the Guarantors that it (i) is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")., (ii) has not and will not solicit offers for, or offer or sell, Securities (or Guarantees) by means of any
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").1933
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Samples: Purchase Agreement (Commscope Inc)
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Samples: Pogo Producing Co
Qualified Institutional Buyer. Each Initial The Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" buyer within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Samples: Purchase Agreement (Chubb Corp)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that that, as of the date hereof and as of the Closing Time, it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the 1933 Act (a "“Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor"”).
Appears in 1 contract
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company and the Parent that it is a "qualified institutional buyer" Qualified Institutional Buyer within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Issuer and CNL that it is a "“qualified institutional buyer" ” within the meaning of Rule 144A under the 1933 Act (a "“Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor"”).
Appears in 1 contract
Qualified Institutional Buyer. Each The Initial Purchaser severally Purchasers represent and not jointly represents and warrants warrant to, and agrees agree with, the Company that it each of the Initial Purchasers is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Samples: Dti Holdings Inc
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents Purchasers represent and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor").
Appears in 1 contract
Samples: Purchase Agreement (Bally Total Fitness Holding Corp)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it (i) is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and (ii) an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Samples: Purchase Agreement (Fisher Scientific International Inc)
Qualified Institutional Buyer. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") and an "accredited investor" within the meaning of Rule 501(a) under the 1933 Act (an "Accredited Investor")Act.
Appears in 1 contract
Samples: Purchase Agreement (Ampex Corp /De/)
Qualified Institutional Buyer. Each The Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company that it is a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer") Buyer and an "“accredited investor" ” within the meaning of Rule 501(a) under the 1933 Act (an "“Accredited Investor"”).
Appears in 1 contract
