SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 135 contracts
Samples: Note Purchase Agreement (SmartStop Self Storage REIT, Inc.), Note Purchase Agreement (Oncor Electric Delivery Co LLC), Pledge Agreement (Franklin Street Properties Corp /Ma/)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 108 contracts
Samples: Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 15 contracts
Samples: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 14 contracts
Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 14 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Azz Inc), Note Purchase Agreement (Stepan Co)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this Agreement.
Appears in 12 contracts
Samples: Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Southwestern Public Service Co)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyConstituent Companies, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Constituent Companies of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 10 contracts
Samples: Pledge Agreement (Sunstone Hotel Investors, Inc.), Pledge Agreement (Sunstone Hotel Investors, Inc.), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser” " is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 9 contracts
Samples: Proquest Co, Subsidiary Guaranty Agreement (Alliance Resource Partners Lp), Note Purchase Agreement (Philadelphia Suburban Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this AgreementAgreement and the other Bond Documents. SECTION 22.
Appears in 8 contracts
Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Bond Purchase Agreement (Delmarva Power & Light Co /De/), Atlantic City Electric Co
SUBSTITUTION OF PURCHASER. Section 21.1. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Securities Purchase Agreement, Securities Purchase Agreement
SUBSTITUTION OF PURCHASER. Section 21.1. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement. Any transferee, by its acceptance of any MRP Share registered in its name (or the name of its nominee), shall be deemed to have made the representations set forth in Section 6.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Securities Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Securities Purchase Agreement (Tortoise MLP Fund, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. Notwithstanding the foregoing, no such substitution shall release such original Purchaser from its obligations hereunder until the Company’s receipt in full of the purchase price for the Notes. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 5 contracts
Samples: Note Purchase Agreement (Getty Realty Corp /Md/), Note Purchase Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/)
SUBSTITUTION OF PURCHASER. Each Purchaser or Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or Additional Purchaser or any one of such other Purchaser’s or Additional Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or Additional Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21)) or any Additional Purchaser in any Supplement, shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser or Additional Purchaser, as the case may be. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder or any Additional Purchaser in any Supplement and such Substitute Purchaser thereafter transfers to such original Purchaser or Additional Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser or Additional Purchaser, as the case may be, and such original Purchaser or Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 5 contracts
Samples: Purchase Agreement (Trinity Capital Inc.), Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund), Agreement (Blackstone Private Credit Fund)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer and the General Partner, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer and the General Partner of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 4 contracts
Samples: Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this AgreementAgreement and the other Bond Documents.
Appears in 4 contracts
Samples: Bond Purchase Agreement (Nevada Power Co), Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Atlantic City Electric Co)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 4 contracts
Samples: Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.), Colliers International (Colliers International Group Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. SECTION 22.
Appears in 4 contracts
Samples: Note Purchase Agreement (Regal Rexnord Corp), Eastgroup Properties Inc, Tiaa Real Estate Account
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement. Any transferee, by its acceptance of any MRP Share registered in its name (or the name of its nominee), shall be deemed to have made the representations set forth in Section 6.
Appears in 4 contracts
Samples: kaynefunds.com, Agency Agreement (Kayne Anderson MLP Investment CO), Securities Purchase Agreement (Kayne Anderson MLP Investment CO)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser” " is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 4 contracts
Samples: Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Sovran Acquisition LTD Partnership), Note Purchase Agreement (Sovran Self Storage Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 4 contracts
Samples: Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase subscribe hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6Article 7. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section Article 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section Article 21), ) shall no longer be deemed to refer to such Substitute Purchaser, Purchaser but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Issuance Facility Agreement (Atlantica Sustainable Infrastructure PLC), Agreement (Atlantica Yield PLC), Agreement (Atlantica Yield PLC)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunderpursuant to this Agreement, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 16) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder under this Agreement and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), 16) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Holder under this Agreement.
Appears in 3 contracts
Samples: Agreement (CMS Energy Corp), Bond Purchase Agreement (Consumers Energy Co), Bond Purchase Agreement (Consumers Energy Co)
SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes hereunder that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes hereunder then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Subsidiary Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust), Subsidiary Guaranty Agreement (Americold Realty Trust)
SUBSTITUTION OF PURCHASER. Each Subject to Section 14.3, each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (MSC Industrial Direct Co Inc), MSC Industrial Direct Co Inc, MSC Industrial Direct Co Inc
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section Article 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section Article 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section Article 21), ) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.), Agreement (Allete Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) Subsidiaries as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserSubsidiary, shall contain such Substitute PurchaserSubsidiary’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Subsidiary of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Subsidiary in lieu of such original Purchaser. In the event that such Substitute Purchaser Subsidiary is so substituted as a Purchaser hereunder and such Substitute Purchaser Subsidiary thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserSubsidiary, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Subsidiary as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserSubsidiary, but shall refer to such original Purchaser, Purchaser and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Dentsply International (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/), Dentsply International Inc /De/
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 23) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 23) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note and Guarantee Agreement (Amcor PLC), Note and Guarantee Agreement (Amcor PLC)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 23) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder purchaser here-under and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 23) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Amcor Finance (Amcor PLC), Amcor Finance (Amcor PLC)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyCompany and the Issuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6, provided, however, that no such substitution shall relieve the original Purchaser from its obligation to purchase Notes hereunder. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company and the Issuer of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Jackson Hewitt Tax Service Inc), Jackson Hewitt Tax Service Inc
SUBSTITUTION OF PURCHASER. Each Purchaser Purchaser, prior to the Closing, shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122 and in the definition of “Initial Purchaser”), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Oaktree Capital Group, LLC, Oaktree Capital Group, LLC
SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Tortoise Power (Tortoise Power & Energy Infrastructure Fund Inc), Credit Agreement (Tortoise North American Energy Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. SECTION 22.
Appears in 2 contracts
Samples: Joinder Agreement (Physicians Realty Trust), Physicians Realty Trust
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Schawk Inc), Note Purchase Agreement (Ferrellgas Partners Finance Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. Notwithstanding the foregoing provisions of this Section 21, the Company shall have the right to prevent any substitution otherwise permitted by this Section 21 if it reasonably determines that the substitution would result in a prohibited transaction under ERISA or Section 4975 of the Code for which no exemption is available.
Appears in 2 contracts
Samples: Note Purchase Agreement (SJW Group), Note Purchase Agreement (SJW Group)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser” " is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Guaranty Agreement (Woodward Governor Co), Note Purchase Agreement (Tecumseh Products Co)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Holder under this Agreement.
Appears in 2 contracts
Samples: Kingstone Companies, Inc., Kingstone Companies, Inc.
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser Affiliates, or any one of such other Purchaser’s Affiliates fund or account managed by Pacific Investment Management Company LLC or its Affiliate (a “Substitute Purchaser”"PIMCO Fund") as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate or PIMCO Fund, shall contain such Substitute PurchaserAffiliate’s or PIMCO Fund's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate or PIMCO Fund of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate or PIMCO Fund in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate or PIMCO Fund is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate or PIMCO Fund thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate or PIMCO Fund, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate or PIMCO Fund as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate or PIMCO Fund, but shall refer to such the original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Existing Note Purchase Agreement (Piper Jaffray Companies), Piper Jaffray Companies
SUBSTITUTION OF PURCHASER. Each Purchaser You shall have the right to substitute any one of its your Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser you and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of Affiliate repeating and reaffirming the accuracy with respect to it of all of the representations set forth in Section 68 with the same effect as of such acquisition as when you initially acquired your Notes. Upon receipt of such notice, any reference to such Purchaser wherever the word “you” is used in this Agreement (other than in this Section 2123), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaseryou. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser you all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaseryou” is used in this Agreement (other than in this Section 2123), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaseryou, and such original Purchaser you shall again have all the rights of an original holder of the Notes and Warrants under this Agreement. Any substitute, by its acceptance of a Note and Warrant registered in its name (or the name of its nominee), shall be deemed to have agreed to become bound by the provisions of the Loan Documents and Warrants applicable to Purchasers and holders and to have made the representations set forth in Section 8.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Canargo Energy Corp), Waiver and Consent (Canargo Energy Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 67.1. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2120), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2120), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Oncor Electric Delivery Co LLC), Note Purchase Agreement (Oncor Electric Delivery Co LLC)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference wherever the word "Purchaser" (or a pronoun referring to such Purchaser a Purchaser) is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference wherever the word "Purchaser" (or a pronoun referring to such Substitute Purchaser as a “Purchaser” ) is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc), Master Shelf Agreement (Mdu Resources Group Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyConstituent Companies, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Constituent Companies of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Agreement (Hawaiian Electric Industries Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (that is a “Substitute Purchaser”) Qualified Institutional Buyer as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyConstituent Companies, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2123), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Constituent Companies of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 2123), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Brandywine Realty Trust), Subsidiary Guaranty Agreement (Brandywine Operating Partnership Lp /Pa)
SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Companyan Obligor, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company an Obligor of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Family Dollar Stores Inc), Note Purchase Agreement (Family Dollar Stores Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s Xxxxx Xxxxxxxx MLP Investment Company Note Purchase Agreement agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Kayne Anderson MLP Investment CO), Note Purchase Agreement (Kayne Anderson MLP Investment CO)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Otter Tail Corp), Otter Tail Corp
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 22) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “"Purchaser” " in this Agreement (other than in this Section 21), 22) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note and Guarantee Agreement (Midas Inc), Note and Guarantee Agreement (Gtech Holdings Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser Purchaser, the Purchasers or “you” in this Agreement (other than in this Section 21), ) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser of any Notes hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” Affiliate in this Agreement (other than in this Section 21), ) by virtue of the immediately preceding sentence shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Agreement (Aptargroup Inc), Agreement (Aptargroup Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser acquirer of the New Notes that it such Purchaser has agreed to purchase acquire upon delivery of Old Notes to the Company hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 66.2. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such words shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the New Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such words shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the New Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Cemex Sab De Cv)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyEUR Issuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company EUR Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. Lineage Logistics Note Purchase Agreement
Appears in 2 contracts
Samples: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser Purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 66 hereof. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (WGL Holdings Inc), Washington Gas Light Co
SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such the Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such the Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such the original Purchaser. In the event that such Substitute Purchaser is so substituted as a the Purchaser hereunder and such Substitute Purchaser thereafter transfers to such the original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such the original Purchaser, and such the original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Gas Natural Inc.
SUBSTITUTION OF PURCHASER. Each Purchaser You shall have the right to substitute any one of its Affiliates your affiliates or another Purchaser or any one of such other Purchaser’s Affiliates subsidiaries (a “Substitute "Permitted Purchaser”") as the purchaser of the Notes that it has you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser you and such Substitute Permitted Purchaser, shall contain such Substitute Permitted Purchaser’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Permitted Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Permitted Purchaser in lieu of such original Purchaseryou. In the event that such Substitute Permitted Purchaser is so substituted as a Purchaser purchaser hereunder and such Substitute Permitted Purchaser thereafter transfers to such original Purchaser you all of the Notes then held by such Substitute Permitted Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute Permitted Purchaser, but shall refer to such original Purchaseryou, and such original Purchaser you shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Performance Food Group Co)
SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates in the financial service industry excluding One Equity Partners or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) companies invested in by One Equity Partners as the purchaser of the Tranche A Shares and the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such the Purchaser and such Substitute PurchaserAffiliate and delivered to the Company at least three Business Days prior to the Closing, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations and warranties set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such the original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser the purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such the original Purchaser all of the Tranche A Shares and the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall again have all the rights of an original holder of the Tranche A Shares and the Notes under this Agreement.
Appears in 1 contract
Samples: Registration Rights Agreement (Chindex International Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Master Note Purchase Agreement (Waste Connections, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes and/or Warrants, as applicable, that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes and/or Warrants, as applicable, then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes and/or Warrants, as applicable, under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” is used in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) Subsidiaries as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserSubsidiary, shall contain such Substitute PurchaserSubsidiary’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Subsidiary of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Subsidiary in lieu of such original Purchaser. In the event that such Substitute Purchaser Subsidiary is so substituted as a Purchaser hereunder and such Substitute Purchaser Subsidiary thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserSubsidiary, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Dentsply International Inc. Note Purchase Agreement Subsidiary as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserSubsidiary, but shall refer to such original Purchaser, Purchaser and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Dentsply International Inc /De/)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. Ameren Transmission Company of Illinois Note Purchase Agreement
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 23) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 23) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser managed investment accounts or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) funds as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate or managed investment account or fund, as the case may be, shall contain such Substitute Purchaser’s Affiliate's or managed investment account's or fund's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate or managed investment account or fund of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate or managed investment account or fund in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate or managed investment account or fund is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate or managed investment account or fund thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate or managed investment account or fund, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser” " is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate or managed investment account or fund, but shall refer to such the original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser Affiliates, or any one of such other Purchaser’s Affiliates fund or account managed by Pacific Investment Management Company LLC or its Affiliate (a “Substitute PurchaserPIMCO Fund”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate or PIMCO Fund, shall contain such Substitute PurchaserAffiliate’s or PIMCO Fund’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate or PIMCO Fund of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate or PIMCO Fund in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate or PIMCO Fund is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate or PIMCO Fund thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate or PIMCO Fund, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate or PIMCO Fund as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate or PIMCO Fund, but shall refer to such the original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 66 and shall contain such Affiliate’s address for communications hereunder in accordance with Section 19(i). Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. Any such assignment to an Affiliate shall not relieve any Purchaser of its obligation hereunder to purchase the Notes subject to the terms and conditions herein set forth.
Appears in 1 contract
Samples: Note Purchase Agreement (American Water Works Company, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the CompanyFund (provided, that the Fund may reject any such transfer if it believes, in its reasonable discretion, that such transfer (i) would require the registration of the MRP Shares under the Securities Act or (ii) would cause the Fund to violate applicable law), which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company Fund of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Abrdn Asia-Pacific Income Fund, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to American Assets Trust, L.P. Note Purchase Agreement such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (American Assets Trust, L.P.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s 's Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by 41 Associated Estates Realty Corporation Note Purchase Agreement such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Associated Estates Realty Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Such substituted purchaser shall provide to the Company in such notice of transfer information reasonably requested by the Company in order to facilitate delivery of notices to such substituted purchaser, including wire transfer information similar to the information provided by you in Schedule A. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to Federated Hermes, Inc. Note Purchase Agreement refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the Company, Tortoise MLP Fund, Inc. Securities Purchase Agreement which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tortoise MLP Fund, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Such substituted Purchaser shall provide to the Company in such notice of such transfer information reasonably requested by the Company in order to facilitate delivery of notices to such substituted Purchaser, including wire transfer information similar to the information provided by other Purchasers in Schedule A. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “"Purchaser” " in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 22) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 22) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the -39- U-Haul Holding Company Note Purchase Agreement purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Companyany Obligor, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company any Obligor of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Brady Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Agreement (Real Industry, Inc.)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s -34- Xxxxx Xxxxxxxx MLP Investment Company Note Purchase Agreement agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement TUPPERWARE FINANCE COMPANY B.V. Note Purchase Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser” " is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s 's Affiliates (a “"Substitute Purchaser”") as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute 52 Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “"Purchaser” " in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations representations, warranties and acknowledgments set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), ) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference wherever the word “Purchaser” (or a pronoun referring to such Purchaser a Purchaser) is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” (or a pronoun referring to a Purchaser) is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Parent Guarantor and the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), ) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Parent Guarantor and the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), ) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. Agree Limited Partnership Note Purchase Agreement
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such 40 Roanoke Gas Company Note Purchase Agreement Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser” " is used in this Agreement (other than in this Section 21)Agreement, such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Oil Dri Corporation of America)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), STERIS CORPORATION NOTE PURCHASE AGREEMENT shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (STERIS PLC)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2123), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2123), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser of the Purchasers ------------------------- shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6Article IV. Upon receipt ---------- of such notice, any reference to such Purchaser wherever the word "the Purchaser(s)" is used in this Agreement (other than in this Section 2111.8), such word shall be deemed to refer to such Substitute Purchaser ------------ Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original the Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” wherever the word "the Purchasers" is used in this Agreement (other than in this Section 2111.8), such word shall no longer ------------ be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall - 48 - no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunderhereunder or under a Supplement, by written notice to the Company, which notice shall be signed by both such Purchaser or Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement or such Supplement, as the case may be, and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or Additional Purchaser in this Agreement (other than in this Section 21), ) or such Supplement shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21)) or such Supplement, shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this AgreementAgreement or such Supplement, as the case may be.
Appears in 1 contract
Samples: Note Purchase Agreement (Mettler Toledo International Inc/)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. The York Water Company Note Purchase Agreement
Appears in 1 contract
Samples: York Water Co
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement, the Collateral Documents and the Intercreditor Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Agreement (United Stationers Inc)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, the Registrar and the Paying Agent, if any, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Company, the Registrar and the Paying Agent, if any, of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations representations, warranties and acknowledgments set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase and Guaranty Agreement (American Midstream Partners, LP)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by prior written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Barings Capital Investment Corp
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Such substituted purchaser shall provide to the Company in such notice of transfer information reasonably requested by the Company in order to facilitate delivery of notices to such substituted purchaser, including wire transfer information similar to the information provided by you in Schedule A. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “"Purchaser” " in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Intercreditor Agreement (Talx Corp)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. ‑31‑
Appears in 1 contract
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations Public Service Company of New Mexico Note Purchase Agreement set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Public Service Co of New Mexico)
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute - xlvi - Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Allete Inc
SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (each, a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreementthe Senior Note Documents.
Appears in 1 contract
Samples: Purchase Agreement
