Common use of SUBSTITUTION OF PURCHASERS Clause in Contracts

SUBSTITUTION OF PURCHASERS. The Purchasers shall have the right, by written notice to the Company, to substitute any one of its Affiliates as the purchaser of the Notes, which notice shall be signed by both the Purchasers and such Affiliate and 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 representation contained in Part 1 of Schedule XII and of at least one of the representations set forth in Part 2 of Schedule XII. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11.10) or any other Loan Document or certificate, opinion or other instrument delivered or to be delivered pursuant hereto or thereto, such word shall be deemed to refer to such Affiliate in lieu of the Purchaser. In the event such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the 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 or any other Loan Document or certificate, opinion or other instrument delivered or to be delivered pursuant hereto or thereto, such word shall no longer be deemed to refer to such Affiliate, but shall refer to the Purchaser, and the Purchaser shall have all the rights of an original Holder of the Notes under this Agreement.

Appears in 2 contracts

Samples: Note Agreement (Cash America International Inc), Note Agreement (Cash America International Inc)

AutoNDA by SimpleDocs

SUBSTITUTION OF PURCHASERS. The Purchasers shall have the right, by written notice to the Company, to substitute any one of its Affiliates as the purchaser of the Notes, which notice shall be signed by both the Purchasers and such Affiliate and 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 representation contained in Part 1 of Schedule XII and of at least one of the representations set forth in Part 2 of Schedule XII. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11.10) or any other Loan Document or certificate, opinion or other instrument delivered or to be delivered pursuant hereto or thereto, such word shall be deemed to refer to such Affiliate in lieu of the Purchaser. In the event such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the 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 or any other Loan Document or certificate, opinion or other instrument delivered or to be delivered pursuant hereto or thereto, such word shall no longer be deemed to refer to such Affiliate, but shall refer to the Purchaser, and the Purchaser shall have all the rights of an original Holder of the Notes under this Agreement.

Appears in 1 contract

Samples: Note Agreement (Cash America International Inc)

AutoNDA by SimpleDocs

SUBSTITUTION OF PURCHASERS. The Purchasers Each Purchaser shall have the right, by written notice to the Company, right to substitute any one of its Affiliates as the purchaser of the NotesNotes that it has agreed to purchase hereunder, by delivery of (a) written notice to the Company, which notice shall be signed by both the Purchasers such Purchaser and such Affiliate and 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 representation contained in Part 1 of Schedule XII and of at least one of the representations set forth in Part 2 Section 6 and (b) a Tax Status Certificate duly executed and delivered on the date of Schedule XIIsuch substitution, in form and substance reasonably satisfactory to the Company. Upon receipt of such noticenotice and Tax Status Certificate, wherever the word "Purchaser" is used in this Agreement (other than in this Section 11.10) or any other Loan Document or certificate, opinion or other instrument delivered or to be delivered pursuant hereto or thereto21), such word 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 hereunder and such Affiliate thereafter transfers or assigns to the such Purchaser all of the Notes (or causes the Purchaser to be the substitute holder of such Notes) then held by such Affiliate, upon receipt by the Company of written notice of such transferTransfer and a Tax Status Certificate of such Purchaser (as contemplated in the preceding sentence of this Section 21), wherever the word "Purchaser" is used in this Agreement or any (other Loan Document or certificate, opinion or other instrument delivered or to be delivered pursuant hereto or theretothan in this Section 21), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original Purchaser, and the 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 (PERRIGO Co PLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!