Sale of Bonds Sample Clauses

Sale of Bonds. Contemporaneously with the Closing, the Company shall sell to each Purchaser and each Purchaser shall purchase the Bonds to be purchased by it as specified in Schedule A.

Sale of Bonds. Sales of the Bonds will be made to the Underwriters, for whom the Representatives will act as such. The obligation of the Company to issue and sell any of the Bonds and the obligation of any of the Underwriters to purchase any of the Bonds shall be evidenced by the Underwriting Agreement. The Underwriting Agreement shall specify the aggregate principal amount of Bonds to be purchased, the rate and time of payment of interest to be borne by the Bonds, the maturity date of the Bonds, the price to be paid to the Company for the Bonds, the initial public offering price or other offering terms of such Bonds and the redemption prices and other special terms, if any, relating to the Bonds, the names of the Underwriters of such Bonds, the names of the Representatives of such Underwriters and the amount of Bonds to be purchased by each Underwriter, and, subject to the provisions of Section 3 hereof, shall set forth the date, time and manner of the delivery of such Bonds. The terms of the Bonds will be set forth in the Prospectus Supplement (as hereinafter defined). The Underwriting Agreement shall be in the form of an executed writing (which may be in counterparts) and may be evidenced by an exchange of telecopied communications or any other rapid transmission device to produce a written record of communications transmitted.

Sale of Bonds. In order to maintain the sound investment character of the Trust, the Depositor thereof may direct the Trustee to sell Bonds in the Trust at such price and time and in such manner as shall be determined by the Depositor, provided that the Depositor has determined that any one or more of the following conditions exist: (a) that there has been a default on such Bonds in the payment of principal or interest, or both, when due and payable; (b) that any action or proceeding has been instituted in law or equity seeking to restrain or enjoin the payment of principal or interest on any such Bonds, attacking the constitutionality of any enabling legislation or alleging and seeking to have judicially determined the illegality of the issuing body or the constitution of its governing body or officers, the illegality, irregularity or omission of any necessary acts or proceedings preliminary to the issuance of such Bonds, or seeking to restrain or enjoin the performance by the officers or employees of any such issuing body of any improper or illegal act in connection with the administration of funds necessary for debt service on such Bonds or otherwise; or that there exists any other legal question or impediment affecting such Bonds or the payment of debt service on the same; (c) that there has occurred any breach of covenant or warrant in any resolution, ordinance, trust, indenture or other document, which would adversely affect either immediately or contingently the payment of debt service on such Bonds, or other general credit standing, or otherwise impair the sound investment character of such Bonds; (d) that there has been a default in the payment of principal of or interest on any other outstanding Securities of an issuer of such Bonds; (e) that in the case of revenue Bonds, the revenues and income of the facility or project or other special funds expressly charged and pledged for debt service on any such Bonds shall fall substantially below the estimated revenues or income calculated by the engineers or other proper officials charged with the acquisition, construction or operation of such facility or project, so that, in the opinion of the Depositor, the retention of such Bonds would be detrimental to the sound investment character of the Trust and to the interest of the Unit Holders thereof; (f) that the price of any such Bonds has declined to such an extent, or such other market or credit factor exists, that in the opinion of the Depositor the retention of such...

Sale of Bonds. Subject to the terms and conditions herein set forth, including, without limitation, the conditions set forth in Section 5 of this Agreement, the Company agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Company, not more than $30,000,000 principal amount of Bonds at a price of 100% of the principal amount thereof. Notwithstanding any provision of this Agreement to the contrary, the Purchaser shall have no obligation to purchase any Bond after May 7, 2022.

Sale of Bonds. At any time following an Einstein Combination, as hereinafter defined, or, upon the earlier of (a) 24 months from the date hereof, or (b) at such time as either the Board of Directors of the Company or the Chief Executive Officer of the Company determines to cease pursuing an Einstein Combination (notice of such determination to be given to the Investors promptly by the Company), the Investors may determine to have GNW liquidate all, but not less than all, of the Bonds then held by GNW or to have such Bonds distributed to the Investors. The proceeds of such sale, if carried out by GNW or the Investor are referred to as the "Section 2.3 Proceeds." The Investors shall be entitled to withdraw the Section 2.3 Proceeds at any time after the same arise, except for the Manager's Portion, as hereinafter defined, which shall be promptly paid to the Manager. The term Einstein Combination means a combination of the businesses of Einstein/Noah Bagel Corporation and the Company whether effected by merger, combination, sale of assets or sale of capital stock.

Sale of Bonds. The Authority shall have sold bonds, certificates of 29 participation, or other such instruments, or shall have secured a loan, in the 30 amount of $56.5 million, and received the proceeds thereof.

Sale of Bonds. The City shall, immediately upon execution of this Agreement by the parties hereto, proceed with the issuance and sale of an initial series of bonds secured by the levy of special taxes within Improvement Area No. 1 (the “Bonds”) to be issued pursuant to the Act and the Financing Plan. The Bonds shall be issued in one or more series and each series shall be sized so that as of the date of issuance of such series of the Bonds the aggregate appraised value of all taxable properties within the Improvement Area for which such Bonds are being issued shall comply with the value-to-lien standards set forth in the Financing Plan or as otherwise approved by the City Council pursuant to the Goals and Policies. In addition, as to any subsequent series of Bonds, the issuance of such Bonds shall comply with the Financing Plan and such parity bonds test as may be set forth in the Bond Indenture. The appraised value of taxable property for purposes of this paragraph shall be determined by an independent appraisal undertaken for the City utilizing appraisal assumptions approved by the City and, as to each subsequent series of the Bonds, consistent with the applicable parity bonds requirements. The proceeds of each series of the Bonds shall be used in the following priority to (i) fund a reserve fund for the payment of principal and interest with respect to such Bonds; (ii) as provided in the Financing Plan, fund up to eighteen (18) months of capitalized interest on such Bonds in an amount not to exceed the amount required to pay interest on such Bonds, or a lesser amount requested by Owner; (iii) pay for costs of issuance of such Bonds including, without limitation, underwriter’s discount, bond counsel fees, printing, and paying agent fees; (iv) as to the first series of the Bonds, pay for the costs of forming CFD No. 16-I, including reimbursement of advances of funds to the City by Owner pursuant to the Deposit Agreement to pay for the City’s legal, engineering, financial, special tax, appraisal and market absorption consulting expenses incurred relating to the formation of CFD No. 16-I and issuance of the Bonds; and (v) pay the costs of the acquisition or construction of the Improvements. The timing of the issuance and sale of each series of the Bonds, the terms and conditions upon which such Bonds shall be issued and sold, the method of sale of such Bonds and the pricing thereof shall be determined by the City and shall conform to the Goals and Policies, the Financing ...

Sale of Bonds. Contemporaneously with such Closing, the Company shall sell to each Purchaser and each Purchaser shall purchase the Bonds to be purchased by it at such Closing as specified in Schedule A. In the case of the Second Closing, the transactions contemplated herein with respect to the First Closing shall have been consummated in accordance with the terms hereof.

Sale of Bonds. The Bonds shall be sold at such time and at such price as shall be determined in accordance with a separate resolution of the Directors of the Agency subject to the prior written approval of the State Comptroller or of the Director of the Budget of the State of such sale and the terms thereof if such approval be required by the provisions of the Act. The Chairman, the President and Chief Executive Officer, or an Authorized Officer of the Agency is hereby authorized to make public and to authorize distribution of an Official Statement in the form attached hereto as Exhibit A, which is hereby approved with such changes, omissions, insertions and revisions as he shall deem advisable, and to sign and deliver such Official Statement to the purchasers of the Bonds. ARTICLE III DISPOSITION OF BOND PROCEEDS

Sale of Bonds. 9.4.1 DLL, HLV and DLP (“Bondholders”) are holding certain bonds as set forth in Schedule 9.4.1a (“Bonds”). The Parties agree that under the current market environment the Bonds are threatened to decrease in value and that it might be advantageaus to sell them. The Bondholders have also indicated that they share this view. The Vendor will therefore use its influence as indirect shareholder that the Bondholders will sell the Bonds as set out in further detail in Clause 9.4.2 below, provided that the Guarantor enters into (i) a facility agreement with the Company that is subject to a conditional repayment obligation as set forth in Schedule 9.4.1.b (the “Facility Agreement”) and (ii) an option agreement with the Vendor set forth in Schedule 9.4.1.c (the “Option Agreement”). 9.4.2 The Vendor hereby agrees to use its influence as indirect shareholder that the Bondholders will sell the Bonds as follows: a) Bonds shall be sold in the order as set out in Schedule 9.4.1a up and until a net capital gain of EUR 35 million in aggregate for all Bondholders is realized through the sale of the Bonds; Bondholders shall start the sales process for those Bonds on the Business Day following this Agreement, being understood that it is realistic to complete the sale – based on current market conditions – within six weeks from signing of this Agreement. b) The Parties are aware that the sale of the Bonds is subject to the approval by the Trustee (Treuhänder) in accordance with Sec. 72 VAG and certain regulatory requirements, such as the necessity to replace the sold assets with other eligible and appropriate assets fulfilling the regulatory requirements as well as market developments (the “Reinvestment Assets”). The Parties are further aware that, under regulatory law, the Bondholders’ board of managing directors decides in its own discretion – subject to applicable consent requirements by the supervisory board – how to invest the Bondholder’s assets. The Vendor may, therefore, not be able to influence the Bondholders to sell the Bonds. The Vendor will keep the Purchaser updated on the activities relating to the sale of the Bonds on a weekly basis, among others by providing an updated Schedule 9.4.1a which indicates the Bonds sold (including the sale price, the brokerage commissions and the realized net capital gain) as well as obstacles that hinder the sale of the remaining Bonds and an ongoing list of the Reinvestment Assets (including the purchase price and brokerage commis...