Common use of SUBSTITUTION OF PURCHASER Clause in Contracts

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute one of its Affiliates as the purchaser of the Notes, by written notice to the Company, which notice shall be signed by 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 3. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.17), such word shall be deemed to refer to such Affiliate in lieu of the Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any Purchaser all of the 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 14.17), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaser, and such Purchaser shall have all the rights of an original Holder of the Notes under this Agreement.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Appaloosa Management Lp)

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SUBSTITUTION OF PURCHASER. Each Prior to the Closing, the Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Notesrespective Securities, by written notice to the Company, which notice shall be signed by both such 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 36. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall be deemed to refer to such Affiliate in lieu of the Purchaseroriginal purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any Purchaser 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 "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaserthe original purchaser, and such Purchaser the original purchaser shall have all the rights of an original Holder 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. Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by 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 37. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1719), such word shall be deemed to refer to such Affiliate in lieu of the such Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any such Purchaser all of the 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 14.1719), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaser, and 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 (Icahn Carl C), Purchase Agreement (Xo Holdings Inc)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesSecurities, by written notice to the Company, which notice shall be signed by both such 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 36. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall be deemed to refer to such Affiliate in lieu of the Purchaseroriginal purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any Purchaser 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 "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaserthe original purchaser, and such Purchaser the original purchaser shall have all the rights of an original Holder holder of the Notes Securities under this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tu Guo Shen), Securities Purchase Agreement (Hi-Tech Wealth Inc.)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Notes, by written notice to the Company, which notice shall be signed by both such 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 37. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1712), 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 any 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 "Purchaser" is used in this Agreement (other than in this Section 14.1712), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall have all the rights of an original Holder holder of the Notes under this Agreement.

Appears in 1 contract

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

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes which such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by 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 3paragraph 9. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.17paragraph 12M), such word shall be deemed to refer to such Affiliate in lieu of the such Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to any such Purchaser all of the 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 14.17paragraph 12M), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaser, and such Purchaser shall have all the rights of an original Holder holder of the Notes under this Agreement.

Appears in 1 contract

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

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesUnits that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by 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 36. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), 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 any 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 "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall have all the rights of an original Holder holder of the Notes Securities under this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Harbin Electric, Inc)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Notes, by written notice to the Company, which notice shall be signed by both such 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 38. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1713), 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 any 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 "Purchaser" is used in this Agreement (other than in this Section 14.1713), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall have all the rights of an original Holder holder of the Notes under this Agreement.

Appears in 1 contract

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

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser it 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 36. Upon receipt of such notice, wherever the word "Purchaser" is used any reference to such Purchaser in this Agreement (other than in this Section 14.17), such word 22) shall be deemed to refer to such Affiliate in lieu of the such original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to any 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 “Purchaser" is used in this Agreement (other than in this Section 14.17), such word 22) shall no longer be deemed to refer to such Affiliate, but shall refer to such original Purchaser, and such original Purchaser shall have all the rights of an original Holder holder of the Notes under this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Smith & Nephew PLC)

SUBSTITUTION OF PURCHASER. Each Purchaser You shall have the right to substitute any one of its Affiliates your “affiliates” (as defined in the Indenture) as the purchaser of the NotesBonds which you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser 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 3section 6. Upon receipt of such notice, wherever the word "Purchaser" “you” is used in this Agreement (other than in this Section 14.17section 13), such word shall be deemed to refer to such Affiliate affiliate in lieu of the Purchaseryou. In the event that such Affiliate affiliate is so substituted as a purchaser hereunder and such Affiliate affiliate thereafter transfers to any Purchaser you all of the Notes Bonds then held by such Affiliateaffiliate, upon receipt by the Company of notice of such transfer, wherever the word "Purchaser" “you” is used in this Agreement (other than in this Section 14.17section 13), such word shall no longer be deemed to refer to such Affiliateaffiliate, but shall refer to such Purchaseryou, and such Purchaser you shall have all the rights of an original Holder holder of the Notes Bonds under this Agreement.

Appears in 1 contract

Samples: Bond Purchase Agreement (Green Mountain Power Corp)

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SUBSTITUTION OF PURCHASER. Each 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 such 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 36 hereof. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall be deemed to refer to such Affiliate in lieu of the Purchaseroriginal purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any Purchaser 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 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaserthe original purchaser, and such Purchaser the original purchaser shall have all the rights of an original Holder holder of the United or Convertible Notes under this Agreement.

Appears in 1 contract

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

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser’s Affiliates as the purchaser of the NotesNotes that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by 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 36. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1721), such word shall be deemed to refer to such Affiliate in lieu of the such Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any such Purchaser all of the 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 14.1721), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaser, and such Purchaser shall have all the rights of an original Holder holder of the Notes under this Agreement.

Appears in 1 contract

Samples: Hub International (Hub International LTD)

SUBSTITUTION OF PURCHASER. Each Purchaser The Purchasers shall have the right to substitute any one of its Affiliates as the purchaser of the NotesWarrant, by written notice to the Company, which notice shall be signed by both such Purchaser the Purchasers 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 3Sections 5 and 6. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall be deemed to refer to such Affiliate in lieu of the Purchaseroriginal purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any Purchaser the original purchaser all of the 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 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaserthe original purchaser, and such Purchaser the original purchaser shall have all the rights of an original Holder holder of the Notes Securities under this Agreement.

Appears in 1 contract

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

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Notes, by written notice to the Company, which notice shall be signed by both such 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 36. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall be deemed to refer to such Affiliate in lieu of the Purchaseroriginal purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to any Purchaser 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 "Purchaser" is used in this Agreement (other than in this Section 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such Purchaserthe original purchaser, and such Purchaser the original purchaser shall have all the rights of an original Holder holder of the Notes under this Agreement.

Appears in 1 contract

Samples: Notes Purchase Agreement (Fushi International Inc)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute nominate any one of its Affiliates as the purchaser of the NotesNote, by written notice to the CompanyIssuer, which notice shall be signed by both such 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 36. Upon receipt of such noticenotice by the Issuer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 14.1711), 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 submitted as a purchaser hereunder and such Affiliate thereafter transfers to any the original Purchaser all of the 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 14.1711), such word shall no longer be deemed to refer to such Affiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall have all the rights of an original Holder holder of the Notes Note under this Agreement.

Appears in 1 contract

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

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