Common use of SUBSTITUTION OF PURCHASER Clause in Contracts

SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notes, by written notice to the Company, which notice shall be signed by the 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 hereof. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall be deemed to refer to such Affiliate in lieu of the original purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaser, and the original purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Xinyuan Real Estate Co LTD)

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SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notes, by written notice to the Company, which notice shall be signed by the 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 hereof6. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall be deemed to refer to such Affiliate in lieu of the original purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaser, and the original purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Notes Purchase Agreement (Fushi International Inc)

SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute nominate any one of its Affiliates as the purchaser of the Units or Convertible NotesNote, by written notice to the CompanyIssuer, which notice shall be signed by both the 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 and warranties set forth in Section 6 hereof6. Upon receipt of such noticenotice by the Issuer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall be deemed to refer to such Affiliate in lieu of the original purchaserPurchaser. In the event that such Affiliate is so substituted submitted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser Purchaser all of the Units or Convertible Notes Note then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaserPurchaser, and the original purchaser Purchaser shall have all the rights of an original holder of the United or Convertible Notes Note under this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Sequoia Capital 2010 CGF Holdco, Ltd.)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates as the purchaser of the Units or Convertible NotesNotes that such Purchaser has agreed to purchase hereunder, by written notice to the Parent Corporation and the Company, which notice shall be signed by the both 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 hereofSECTION 6. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11SECTION 22), such word shall be deemed to refer to such Affiliate in lieu of the original purchasersuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser such Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11SECTION 22), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchasersuch Purchaser, and the original purchaser such Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Swift Transportation Co Inc)

SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notes, by written notice to the Company, which notice shall be signed by both the 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 and warranties set forth in Section 6 hereof8; provided that such Affiliate is 100% owned, directly or indirectly, by Trustbridge Partners Limited. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1113), such word shall be deemed to refer to such Affiliate in lieu of the original purchaserPurchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1113), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaserPurchaser, and the original purchaser Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Yingli Green Energy Holding Co LTD)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its such Purchaser’s Affiliates as the purchaser of the Units or Convertible NotesNotes that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by the both 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 hereof6. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1121), such word shall be deemed to refer to such Affiliate in lieu of the original purchasersuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser such Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1121), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchasersuch Purchaser, and the original purchaser such Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Hub International LTD)

SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notes, by written notice to the Company, which notice shall be signed by both 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 6 hereof8. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1113), such word shall be deemed to refer to such Affiliate in lieu of the original purchaserPurchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1113), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaserPurchaser, and the original purchaser Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates as the purchaser of the Units or Convertible NotesNotes that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by the both such Purchaser and such Purchaser's 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 hereof6. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1121), such word shall be deemed to refer to such Affiliate in lieu of the original purchasersuch Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser such Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11)Agreement, such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchasersuch Purchaser, and the original purchaser such Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Oil Dri Corporation of America)

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SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible NotesNotes which such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by the both 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 hereofparagraph 9. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11paragraph 12M), such word shall be deemed to refer to such Affiliate in lieu of the original purchasersuch Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to the original purchaser such Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11paragraph 12M), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchasersuch Purchaser, and the original purchaser such Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Senior Notes Agreement (Plum Creek Timber Co Inc)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notesthat such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by the both 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 hereof6. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11), such word shall be deemed to refer to such Affiliate in lieu of the original purchaserPurchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser Purchaser all of the Units or Convertible Notes Securities then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaserPurchaser, and the original purchaser Purchaser shall have all the rights of an original holder of the United or Convertible Notes Securities under this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Harbin Electric, Inc)

SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notes, by written notice to the Company, which notice shall be signed by both the 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 hereof7. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1112), such word shall be deemed to refer to such Affiliate in lieu of the original purchaserPurchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser Purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1112), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaserPurchaser, and the original purchaser Purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

Samples: Notes Purchase Agreement (China Shen Zhou Mining & Resources, Inc.)

SUBSTITUTION OF PURCHASER. The Purchaser Purchasers shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible NotesWarrant, by written notice to the Company, which notice shall be signed by the Purchaser Purchasers 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 hereofSections 5 and 6. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall be deemed to refer to such Affiliate in lieu of the original purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original purchaser all of the Units or Convertible Notes Warrant then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 11), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original purchaser, and the original purchaser shall have all the rights of an original holder of the United or Convertible Notes Securities under this Agreement.

Appears in 1 contract

Samples: Notes Repurchase and Warrant Purchase Agreement (China Security & Surveillance Technology, Inc.)

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