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 (Meredith Corp), Note Purchase Agreement (Triumph Group 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 50 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 32 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, Guaranty Agreement (Sensient Technologies Corp), 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 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 (Flow International Corp), Note Purchase Agreement (Sunrise Medical Inc), Note Purchase 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 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 14 contracts
Samples: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, 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 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: Supplemental Indenture (New Jersey Resources Corp), Indenture (New Jersey Resources Corp), Indenture (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: Sixteenth Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
SUBSTITUTION OF PURCHASER. You Section 21.1. 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 7 contracts
Samples: Note Purchase Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson MLP Investment CO), Agreement (Kayne Anderson MLP Investment CO)
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 Section 21.1. 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 CompanyFund, 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 Fund 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 (ClearBridge Energy MLP Fund Inc.), Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.), Note Purchase Agreement (ClearBridge Energy MLP Total Return Fund 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 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), Note Purchase Agreement (Agree Realty 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)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 (Dames & Moore Inc /De/), Note Purchase Agreement (Lone Star Industries Inc), Note Purchase Agreement (Paxar Corp)
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 (American Dairy 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 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 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 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 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 5 contracts
Samples: Msa Safety Incorporated (MSA Safety Inc), Note Purchase Agreement, Guarantee Agreement (MSA Safety 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. 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: Guarantee Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings 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 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: efis.psc.mo.gov, efis.psc.mo.gov, 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: Assumption Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Yamana Gold Inc.), Agreement (UTi WORLDWIDE 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 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 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), Private Shelf Agreement (Miller Herman Inc), Cleco 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 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 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 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: Agreement (Hawaiian Electric Industries Inc), Note Purchase Agreement (Rohm & Haas Co), Egl Inc
SUBSTITUTION OF PURCHASER. You Subject to compliance with applicable laws, 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 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; provided that no such affiliate shall be entitled to receive any greater amount pursuant to Section 13 than that to which you would have been entitled to receive had no such substitution occurred. 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 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 2122), 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 3 contracts
Samples: Note Purchase Agreement (ENERPLUS Corp), Subordination Agreement (ENERPLUS Corp), Guarantee and Subordination Agreement (Enerplus Resources Fund)
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: Note Purchase Agreement (Wireless One Inc), Note Purchase Agreement (Usn Communications Inc), Cai Wireless Systems Inc
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 3 contracts
Samples: Meredith Corp, Note Purchase Agreement (Meredith Corp), 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 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 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: Security Interest 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, 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. .c.Section 22.
Appears in 2 contracts
Samples: Pg Energy Inc, Kemet Corp
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 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), Subsidiary Guaranty Agreement (St Joe Co)
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: Master Note Purchase Agreement (Hunt J B Transport Services Inc), Guaranty (Hunt J B Transport Services 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 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 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: Pledge and Security Agreement (Us Geothermal Inc), Collateral Agency 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: Exhibit Index (Showbiz Pizza Time Inc), Note Purchase Agreement (Showbiz Pizza Time 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 2123), 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 2123), 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: 1 and Guarantee Agreement (News Corp), United America Indemnity, 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 ’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 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 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 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), Financing Agreement (Black Hills Power 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: Purchase Agreement (Xo Holdings Inc), Note Purchase Agreement (Icahn Carl C)
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 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: Note Agreement (Discovery Communications, Inc.), Note 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 ’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: Intercreditor Agreement (United Stationers Inc), Master Note Purchase Agreement (United Stationers 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 2 contracts
Samples: Note Purchase Agreement (Mine Safety Appliances Co), Note Purchase Agreement (Amcol International Corp)
SUBSTITUTION OF PURCHASER. You Section 21.1. Each Purchaser shall have the right to substitute any one of your its Affiliates as the purchaser of the Notes MRP Shares that you have it has agreed to purchase hereunder, by written notice to the CompanyFund, 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 MRP Shares then held by such Affiliate, upon receipt by the Company Fund 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 MRP Shares under this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ClearBridge Energy MLP Total Return Fund Inc.), Securities Purchase Agreement (ClearBridge Energy MLP Opportunity Fund 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 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), Collateral Agency Agreement (Ak Steel Corp)
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: Shelf Agreement (Nn Inc), Note Purchase 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 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 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 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 ’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: 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 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 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 (Guilford Mills Inc), American Homestar 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 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 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 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: Entire Agreement (Northwest Pipe Co), Conformed (CTG Resources 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: Astec Industries Inc, Rica Foods 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 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 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 Bonds under this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Empire District Electric Co), 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 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 (Appaloosa Management Lp), Convertible Note Purchase Agreement (Bio Plexus 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. SECTION 22.
Appears in 1 contract
Samples: 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 6ARTICLE 5. 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 20), 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 20), 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: Subsidiary Guaranty Agreement (Eagle Materials 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 Northern Utilities, Inc. Note Purchase Agreement 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 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 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" “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 Obligors 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 1 contract
Samples: Unitech Services (Unifirst 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.. 40
Appears in 1 contract
SUBSTITUTION OF PURCHASER. You shall have the right to substitute any one of your Affiliates Affiliates, managed accounts or other Persons for whom you manage investments 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 1 contract
Samples: Note Purchase Agreement (New England Business Service 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 CompanyCompany and the Co-Obligors, 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 and the Co-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 (Chicago Bridge & Iron Co N V)
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.
Appears in 1 contract
Samples: WLR 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 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.
Appears in 1 contract
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.
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 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: 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 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 affiliates as the purchaser of the Notes that Shares which 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 65. Upon receipt of such notice, wherever the word "you" is used in this Agreement (other than in this Section 2112.4), 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 Shares then held by such Affiliateaffiliate, upon receipt by the Company of notice of such transfertransfer and confirmation by you of the continued accuracy with respect to you of the representations set forth in Section 5, 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 Affiliateaffiliate, but shall refer to you, and you shall have all the rights of an original holder of the Notes Shares under this Agreement.
Appears in 1 contract
Samples: Preferred Stock Purchase and Option Agreement (Imc Mortgage 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 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 25 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 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 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 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" 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 Issuers 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 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 its 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 2122), 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 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 2122), such word shall no longer be deemed to refer to such Affiliate, but shall refer to youthe 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: Note Purchase Agreement (Magellan Midstream Partners Lp)
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. You shall provide to the Company at least five Business Days' prior notice of any intended substitution in order for the Company to prepare and file all necessary notifications and receive all required authorizations under the applicable state securities or "Blue Sky" laws and you shall cooperate with the Company in preparing all such notifications and obtaining all such authorizations. 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 1 contract
Samples: Note Purchase Agreement (Aearo 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 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 a Note or 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 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 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 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 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 Affiliates 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 6Section6. Upon receipt of such notice, wherever the word "you" you is used in this Agreement (other than in this Section 21Section21), 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" you is used in this Agreement (other than in this Section 21Section21), 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 (Elizabethtown Water Co /Nj/)
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 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: Note Purchase and Private Shelf Agreement (West Pharmaceutical Services 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.
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 ’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: 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.
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 Sec- tion 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 1 contract
Samples: Banta 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 XxXxxxxxx & CO. 44 NOTE PURCHASE AGREEMENT 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 shall have the right to substitute any one anyone 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 where ever 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 work "you" is used issued 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 youyou , and you shall have all the rights of an original holder of the Notes under this Agreement. 22.
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 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 DB1/ 140079182.9 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 (CHS 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 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 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. SECTION 22.
Appears in 1 contract
Samples: 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 ’s agreement to be bound by this Agreement and Agreement, shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 6, and shall be accompanied by a duly executed joinder agreement in the form attached as Exhibit A to the Subsidiary Guaranty. 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 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, 39 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 1 contract
Samples: Master Note Purchase Agreement (Ultra Petroleum 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 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.
Appears in 1 contract