SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 62 contracts
Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/), Note Purchase Agreement (Penn Virginia Resource Partners L P), Note Purchase Agreement (Ryans Family Steakhouses Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 54 contracts
Samples: Note Purchase Agreement (STERIS PLC), Note Purchase Agreement (STERIS PLC), Note Purchase Agreement (STERIS PLC)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 33 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Obsidian Energy Ltd.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word ) shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 27 contracts
Samples: Note Purchase Agreement (Sensient Technologies Corp), Note Purchase Agreement, Note Purchase Agreement
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 16 contracts
Samples: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 15 contracts
Samples: Note Purchase Agreement (Sunrise Medical Inc), Note Purchase Agreement (Flow International Corp), Note Purchase Agreement (Invacare Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 12 contracts
Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes of a series then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes of the applicable series under this Agreement.
Appears in 7 contracts
Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 7 contracts
Samples: Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21)Agreement, such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 6 contracts
Samples: Note Purchase Agreement (Cpi Corp), Note Purchase Agreement (Lone Star Industries Inc), Note Purchase Agreement (Paxar Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Parent Guarantor and the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Parent Guarantor and the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word ) shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 6 contracts
Samples: Note Purchase Agreement (Agree Realty Corp), Note Purchase Agreement (Agree Realty Corp), $100,000,000 Uncommitted Master Note Facility (Agree Realty Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word ) shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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, Note Purchase Agreement (Gallagher Arthur J & Co), Note Purchase Agreement (Gallagher Arthur J & Co)
SUBSTITUTION OF PURCHASER. You The Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have agreed to purchase hereunderNotes, by written notice to the Company, which notice shall be signed by both you the Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations and warranties set forth in Section 68. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2113), such word shall be deemed to refer to such Affiliate in lieu of youthe original Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you the original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2113), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe original Purchaser, and you the original Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 5 contracts
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement Agreement, as the case may be, and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement, as the case may be.
Appears in 5 contracts
Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the CompanyIssuers, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company Issuers of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 5 contracts
Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your Affiliates its affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliateaffiliate, shall contain such Affiliate's affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliateaffiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliateaffiliate, but shall refer to yousuch original Purchaser, and you 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 (Meredith Corp), Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Golden State Water CO), Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Mge Energy Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word ) shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 4 contracts
Samples: Contribution Agreement (El Paso Pipeline Partners, L.P.), Contribution Agreement (El Paso Pipeline Partners, L.P.), Note Purchase Agreement (El Paso Pipeline Partners, L.P.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC)
SUBSTITUTION OF PURCHASER. You The Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have agreed to purchase hereunderUnits, by written notice to the Company, which notice shall be signed by both you the Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 66 hereof. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall be deemed to refer to such Affiliate in lieu of youthe original purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you the original purchaser all of the Notes Securities then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe original purchaser, and you the original purchaser shall have all the rights of an original holder of the Notes Units under this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (7 Days Group Holdings LTD), Securities Purchase Agreement (7 Days Group Holdings LTD), Securities Purchase Agreement (7 Days Group Holdings LTD)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (Nui Corp /Nj/), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (CSS Industries Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6VI. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21XXI), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "“you" ” is used in this Agreement (other than in this Section 21XXI), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (Oaktree Capital Group, LLC), Note Purchase Agreement (Oaktree Capital Group, LLC), Note Purchase Agreement (Oaktree Capital Group, LLC)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section Article 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section Article 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section Article 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Cleco Corp), Note Purchase Agreement (Cleco Corp), Private Shelf Agreement (Miller Herman Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word any reference to such Affiliate as a "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Mine Safety Appliances Co), Master Note Purchase Agreement (CHS Inc), Note Purchase Agreement (Amcol International Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Hawaiian Electric Industries Inc), Note Purchase Agreement (Rohm & Haas Co), Note Purchase Agreement (Egl Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes Bonds that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 2120), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes Bonds then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 2120), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this Agreement.
Appears in 3 contracts
Samples: Bond Purchase Agreement, Bond Purchase Agreement, Bond Purchase Agreement (Empire District Electric Co)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word any reference to such Affiliate as a "youPurchaser" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Agnico Eagle Mines LTD), Note Purchase Agreement (Yamana Gold Inc.), Note Purchase Agreement (UTi WORLDWIDE INC)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2120), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2120), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 3 contracts
Samples: Discretionary Note Purchase Agreement (Wireless One Inc), Senior Secured Notes Agreement (Cai Wireless Systems Inc), Note Purchase Agreement (Usn Communications Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Mettler Toledo International Inc/), Note Purchase Agreement (West Pharmaceutical Services Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Ihop Corp), Stock Sale and Note Purchase Agreement (Cascade Microtech Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Master Shelf and Note Purchase Agreement (Brown & Brown Inc), Note Purchase Agreement (Brown & Brown Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of repeating and reaffirming the accuracy with respect to it of all of the representations set forth in Section 67 with the same effect as of such acquisition as when you initially acquired your Notes. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such -41- Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement. Any substitute, by its acceptance of a Note 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 applicable to Purchasers and holders and to have made the representations set forth in Section 7.
Appears in 2 contracts
Samples: Senior Secured Notes Agreement (Canargo Energy Corp), Note Purchase Agreement (Canargo Energy Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, hereunder by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (American Homestar Corp), Senior Notes Agreement (Guilford Mills Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement. .
Appears in 2 contracts
Samples: Note Purchase Agreement (Pg Energy Inc), Note Purchase Agreement (Kemet Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliateaffiliate, shall contain such Affiliateaffiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate affiliate of the accuracy with respect to it of the representations set forth in Section SECTION 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section SECTION 21), such word shall be deemed to refer to such Affiliate affiliate in lieu of you. In the event that such Affiliate affiliate is so substituted as a purchaser hereunder and such Affiliate affiliate thereafter transfers to you all of the Notes then held by such Affiliateaffiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section SECTION 21), such word shall no longer be deemed to refer to such Affiliateaffiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (St Joe Co), Note Purchase Agreement (St Joe Co)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever any reference to such Purchaser, the word "Purchasers or “you" is used ” in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser of any Notes hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate in this Agreement (other than in this Section 21), such word ) by virtue of the immediately preceding sentence shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Aptargroup Inc), Note Purchase Agreement (Aptargroup Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate,, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Hewitt Holdings LLC), Note Purchase Agreement (Hewitt Holdings LLC)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyCompany and the Parent, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company and the Parent of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Luxottica Group Spa), Note Purchase Agreement (Luxottica Group Spa)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Seitel Inc), Note Purchase Agreement (Seitel Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6Agreement. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2123), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that If such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2123), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy Inc.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such its Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Burlington Coat Factory Warehouse Corp), Note Purchase Agreement (Deltic Timber Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21)Agreement, such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Ims Health Inc), Note Purchase Agreement (Ak Steel Corp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates (including any affiliated managed accounts or affiliated managed funds) as the purchaser of the Notes that you have it has agreed to purchase hereunder, hereunder by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such noticesubstitution, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Stonemor Partners Lp), Note Purchase Agreement (Stonemor Partners Lp)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of youthe previous Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you any Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe Purchaser, and you the Purchaser shall have all the rights of an original holder of the Notes Holder under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Schulman a Inc), Note Purchase and Guarantee Agreement (Resortquest International Inc)
SUBSTITUTION OF PURCHASER. You Prior to the Closing, the Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have agreed to purchase hereunderrespective Securities, by written notice to the Company, which notice shall be signed by both you the Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall be deemed to refer to such Affiliate in lieu of youthe original purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you the original purchaser all of the Notes Securities then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe original purchaser, and you the original purchaser shall have all the rights of an original holder of the Notes Securities under this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (China Natural Gas, Inc.), Securities Purchase Agreement (China Natural Gas, Inc.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Us Geothermal Inc), Note Purchase Agreement (Us Geothermal Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your non-United States Affiliates as the purchaser of the Notes that you have agreed to purchase as record holder on behalf of the Beneficial Owner hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Showbiz Pizza Time Inc), Note Purchase Agreement (Showbiz Pizza Time Inc)
SUBSTITUTION OF PURCHASER. You Prudential and each other Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you the transferor Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "“you" ” is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe transferor Purchaser, and you such transferor Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Third Amended and Restated Note Purchase and Shelf Agreement (Nn Inc), Second Amended and Restated Note Purchase and Shelf Agreement (Nn Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2119), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2119), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Icahn Carl C), Note Purchase Agreement (Xo Holdings Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have agreed to purchase hereunderNotes, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 63. Upon receipt of such notice, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 2114.17), such word shall be deemed to refer to such Affiliate in lieu of youthe Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you any Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 2114.17), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Appaloosa Management Lp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates that constitutes an Institutional Investor as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youYOU" is used in this Agreement (other than in this Section 2120), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youYOU" is used in this Agreement (other than in this Section 2120), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all of the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Econophone Inc), Note Purchase Agreement (Econophone Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's Affiliate s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Northwest Pipe Co), Note Purchase Agreement (CTG Resources Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes Bonds that you have such Purchaser agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2116), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes Bonds then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2116), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder Holder of the Notes Bonds under this Agreement.
Appears in 2 contracts
Samples: Bond Purchase Agreement (Black Hills Power Inc), Bond Purchase Agreement (Black Hills Power Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Obligors of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Astec Industries Inc), Note Purchase Agreement (Rica Foods Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6; provided; however, that you shall pay any additional expenses incurred by the Company in connection with such substitution, including expenses due to a delay in the Closing or any requirement that the Company provide additional closing certificates. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Hunt J B Transport Services Inc), Master Note Purchase Agreement (Hunt J B Transport Services Inc)
SUBSTITUTION OF PURCHASER. You The Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have agreed to purchase hereunderSecurities, by written notice to the Company, which notice shall be signed by both you the Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall be deemed to refer to such Affiliate in lieu of youthe original purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you the original purchaser all of the Notes Securities then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe original purchaser, and you the original purchaser shall have all the rights of an original holder of the Notes Securities under this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hi-Tech Wealth Inc.), Securities Purchase Agreement (Tu Guo Shen)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement, the Collateral Documents and the Intercreditor Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (United Stationers Inc), Master Note Purchase Agreement (United Stationers Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates or investment funds, accounts or other vehicles managed by you as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, fund, vehicle or account, shall contain such Affiliate's ’s, fund’s, vehicle’s or account’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate Affiliate, fund, vehicle or account of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate Affiliate, fund, vehicle or account in lieu of you. In the event that such Affiliate Affiliate, fund, vehicle or account is so substituted as a purchaser hereunder and such Affiliate Affiliate, fund, vehicle or account thereafter transfers to you all of the Notes then held by such Affiliate, fund, vehicle or account upon receipt by the Company of notice of such transfer, 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 Affiliate, fund, vehicle or account but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.), Amendment and Restatement Agreement (Discovery Communications, Inc.)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section SECTION 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section SECTION 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section SECTION 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (McGrath Rentcorp), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyCompany and the Parent Guarantor, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2118), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company and the Parent Guarantor of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2118), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder Holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Cameron Ashley Building Products Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Obligors of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21)Agreement, such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyCo-Issuers, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2123), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Co-Issuers of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2123), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Drew Industries Incorporated)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyBorrower, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company Borrower of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original beneficial holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Enterprise Products Partners L P)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Centerpoint Energy Resources Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall no longer Diamond Walnut Growers, Inc. Note Purchase Agreement be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement. SECTION 22.
Appears in 1 contract
Samples: Note Purchase Agreement (Sonic Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Series 2003-A Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 2119), such word shall be deemed to refer to such Affiliate in lieu of youthe previous Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you any Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 2119), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe Purchaser, and you the Purchaser shall have all the rights of an original holder of the Notes Holder under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the CompanyCompanies, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company Companies of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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. You shall have the right to substitute any one of your Affiliates (that is not a Competitor) as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement. SECTION 22.
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SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youPURCHASER" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPURCHASER" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyCompany and the Parent, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company and the Parent of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Johns Manville Corp /New/)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunderunder any Confirmation of Acceptance, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyTrust, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Trust of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Obligors of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Furniture Brands International Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes Debentures that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2124), such word shall be deemed to refer to such Affiliate in lieu of you, provided, however, that substitution of your Affiliate shall not release you from any liability under this Agreement. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes Debentures then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2124), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes Debentures under this Agreement.
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Samples: Purchase Agreement (Benesse Corp)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.. Xxxxxxxxx Company, Inc. Note Purchase Agreement
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates Prudential Affiliate as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Prudential Affiliate, shall contain such Prudential Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Prudential Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Prudential Affiliate in lieu of you. In the event that such Prudential Affiliate is so substituted as a purchaser hereunder and such Prudential Affiliate thereafter transfers to you all of the Notes then held by such Prudential Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Prudential Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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Samples: Subordinated Note Purchase Agreement (Gibraltar Industries, Inc.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe original Purchaser, and you 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. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and 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 (Calamos Asset Management, Inc. /DE/)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section SECTION 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section SECTION 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word any reference to such Affiliate as a "youPurchaser" is used in this Agreement (other than in this Section SECTION 21), such word ) shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Multi Currency Note Purchase and Private Shelf Agreement (West Pharmaceutical Services Inc)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that which you have agreed to purchase hereunder, hereunder by written notice to the CompanyObligors given at least two Business Days prior to the date of Closing, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6ARTICLE VI. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21ARTICLE XX), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Obligors of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21ARTICLE XX), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2120), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter 50 transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2120), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6paragraph 9. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21paragraph 19), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21paragraph 19), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliateaffiliate, shall contain such Affiliateaffiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate affiliate in lieu of you. In the event that such Affiliate affiliate is so substituted as a purchaser hereunder and such Affiliate affiliate thereafter transfers to you all of the Notes then held by such Affiliateaffiliate, upon receipt by the Company of notice of such transfer, 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 Affiliateaffiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then 39 held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word ) shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such Artisan Partners Holdings LP Note Purchase Agreement transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word ) shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you 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 (Artisan Partners Asset Management Inc.)
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Senior Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 2120), such word shall be deemed to refer to such Affiliate in lieu of youyou and such Affiliate shall be deemed to have made the representation set forth in Section 6. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Senior Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "“you" ” is used in this Agreement (other than in this Section 2120), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Senior Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes Series R Bonds that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes Series R Bonds then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes Series R Bonds under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "“you" ” is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, wherever the word "“you" ” is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the CompanyParent Guarantor, which notice shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section SECTION 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21SECTION 18), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company Parent Guarantor of notice of such transfer, wherever the word "you" is used in this Agreement (other than in this Section 21SECTION 18), such word shall no longer be deemed to refer to such Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6Article VI. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21Article XX), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21Article XX), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes Holder under this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Global Cash Access Holdings, Inc.)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your such Purchaser's Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you a Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "youPurchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch Purchaser, and you such Purchaser shall have all the rights of an original holder Holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates as the purchaser of the Notes that you have agreed to purchase hereunder, by written notice to the Company, which notice shall be delivered at least two (2) Business Days prior to the respective closing, shall be signed by both you and such Affiliate, shall contain such Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of you. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to you all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, 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 Affiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Samples: Senior Secured Notes Agreement (Puerto Rican Cement Co Inc)
SUBSTITUTION OF PURCHASER. You Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes that you have it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both you such Purchaser and such Affiliate, shall contain such Affiliate's ’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, wherever the word "you" is used any reference to such Purchaser in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Affiliate in lieu of yousuch original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to you such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "you" is used any reference to such Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to yousuch original Purchaser, and you such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. Xxxxxx Xxxxxx, Inc. Note Purchase Agreement
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