Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A: (A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and (B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 120 contracts
Samples: Indenture (WCHS Licensee LLC), Trust Agreement (Cummins Engine Co Inc), Junior Subordinated Indenture (Pmi Group Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 13 contracts
Samples: Indenture (Sonic Automotive Inc), Indenture (Sonic Automotive Inc), Securities Depositary Agreement (Vodafone Group Public LTD Co)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 11 contracts
Samples: Indenture (Gap Inc), Indenture (Gap Inc), Trust Agreement (Colonial Bancgroup Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Ai) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bii) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 10 contracts
Samples: Indenture (Park Place Entertainment Corp), Junior Subordinated Indenture (Gbci Capital Trust Ii), Junior Subordinated Indenture (Mason Dixon Capital Trust Ii)
Rule 144A Transfers. If the transfer is being effected in ------------------- accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 9 contracts
Samples: Indenture (Concentric Network Corp), Trust Agreement (State Street Boston Corp), Indenture (Loews Cineplex Entertainment Corp)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 7 contracts
Samples: Third Supplemental Indenture (Lincoln National Corp), Fourth Supplemental Indenture (Lincoln National Corp), Supplemental Indenture (Jefferson Pilot Corp)
Rule 144A Transfers. If the transfer is being effected in ------------------- accordance with Rule 144A:
(A) the Specified Securities are this Note is being transferred to a person that the Owner Transferor and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner Transferor and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner Transferor may be relying on Rule 144A in connection with the transfer; and
Appears in 6 contracts
Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeod Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
(C) the transaction is not, and is not part of, a plan or scheme to evade the registration requirements of the Securities Act.
Appears in 6 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person Person that the Owner and any person Person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person Person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 5 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Sunoco Logistics Partners Lp), Indenture (Kinder Morgan Energy Partners L P)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities Bonds are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and.
Appears in 5 contracts
Samples: Indenture (Republic of Indonesia), Indenture (Republic of Indonesia), Indenture (Republic of Argentina)
Rule 144A Transfers. If the transfer is being effected in ------------------- accordance with Rule 144A:
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 5 contracts
Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeod Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 4 contracts
Samples: Trust Agreement (Crescent Banking Co), Trust Agreement (Gainsco Inc), Trust Agreement (Alabama National Bancorporation)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyerQUALIFIED INSTITUTIONAL BUYER" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Zions Institutional Capital Trust A), Securities Purchase Agreement (DPL Inc), Trust Agreement (Zions Institutional Capital Trust A)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 4 contracts
Samples: Indenture (Tupperware Brands Corp), Indenture (Acuity Brands Lighting, Inc.), Indenture (Acuity Brands Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 4 contracts
Samples: Indenture (Edenor), Indenture (Edenor), Indenture (GCL Silicon Technology Holdings Inc.)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 2 contracts
Samples: Indenture (R H Donnelley Corp), Junior Subordinated Indenture (BSB Capital Trust I)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Ai) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bii) the Owner owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Sun Capital Trust Ii), Junior Subordinated Indenture (First Star Capital Trust)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 2 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 2 contracts
Samples: Indenture (GFI Group Inc.), Indenture (Procter & Gamble International Funding SCA)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A l44A in connection with the transfer; and.
Appears in 2 contracts
Samples: Indenture (Petrobras International Finance Co), Indenture (Petrobras International Finance Co)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 2 contracts
Samples: Indenture (Valspar Corp), Indenture (Dow Jones & Co Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 2 contracts
Samples: Indenture (Ingenior M.O. Schoyens Bilcentraler As), Indenture (Allegheny Energy Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyerQUALIFIED INSTITUTIONAL BUYER" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 2 contracts
Samples: Trust Agreement (United Community Capital Trust), Junior Subordinated Indenture (United Community Capital Trust)
Rule 144A Transfers. If the transfer is being effected in accordance ------------------- with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bb&t Capital Trust I), Junior Subordinated Indenture (Providian Financial Corp)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A, the Owner certifies:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Amdocs LTD)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:: 101 108
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (American Greetings Corp)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a one or more qualified institutional buyerbuyers in a transaction meeting the requirements of Rule 144A and in accordance with any applicable securities laws of any State of the United States; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Bank Bradesco)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; , and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Exelon Generation Co LLC)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
: (A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
and (B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A1) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B2) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in -------------------- accordance with Rule 144A:
(A) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Afc Enterprises Inc)
Rule 144A Transfers. If the transfer is being effected in accordance with ------------------- Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within EXHIBIT C - Form of Rule 144A Certificate the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities Notes are being transferred to a person (the “Transferee”) that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with --------------------- Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Junior Subordinated Indenture (FCB Nc Capital Trust I)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities Bonds are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 1 contract
Samples: Supplemental Indenture (Avista Corp)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities Notes are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a one or more qualified institutional buyerbuyers in a transaction meeting the requirements of Rule 144A and in accordance with any applicable securities laws of any State of the United States; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Bank Bradesco)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Delta Air Lines Inc /De/)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified a"qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Junior Subordinated Indenture (First Hawaiian Capital I)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in ------------------- accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and.
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Ai) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "“qualified institutional buyer" ” within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bii) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD)
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person Person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person Person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Atmi Inc)
Rule 144A Transfers. If the transfer is -------------------- being effected in accordance with Rule 144A:
(A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Exhibit (Autobahn Inc)
Rule 144A Transfers. If the transfer is being effected in ------------------- accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be is relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(A) the Specified Securities Warrants are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
(B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
: (A) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyer" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional buyer; and
and (B) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; andand (2)
Appears in 1 contract
Rule 144A Transfers. If the transfer is being effected in accordance with Rule 144A:
(Aa) the Specified Securities are being transferred to a person that the Owner and any person acting on its behalf reasonably believe is a "qualified institutional buyerQUALIFIED INSTITUTIONAL BUYER" within the meaning of Rule 144A, acquiring for its own account or for the account of a qualified institutional insti tutional buyer; and
(Bb) the Owner and any person acting on its behalf have taken reasonable steps to ensure that the Transferee is aware that the Owner may be relying on Rule 144A in connection with the transfer; and
Appears in 1 contract
Samples: Indenture (Rite Aid Corp)
