Common use of Terms of Issuance of the Notes Clause in Contracts

Terms of Issuance of the Notes. The Issuer agrees to sell the Notes, and subject to the terms and obligations of this Agreement, the Purchaser agrees to purchase the Notes on the Closing Date for the cash amount of $29,000,000 and the exchange of the April Notes for the Notes (the “Purchase Price”). The Notes shall be registered in such names (which may be, if so indicated, a nominee name) as the Purchaser may direct. The Notes shall include the legend regarding restrictions on transfer set forth in Section 2.2 of the Fifth Amended and Restated Indenture. The closing of the sale of the Notes (the “Closing”) shall be held at the office of Xxxxx & XxXxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 AM New York City time, on August 28, 2006, (the “Closing Date”) or at such other date and time as may be acceptable to the parties hereto. The cash portion of the Purchase Price shall be paid to the Issuer or its designee on the Closing Date by wire transfer of federal funds or other immediately available funds in accordance with written instructions furnished by the Issuer not later than two Business Days preceding the Closing Date. The April Notes shall be delivered to the Trustee, and the Trustee shall acknowledge receipt thereof, on the Closing Date. In addition to the delivery of the Notes, the Issuer shall execute and deliver on the Closing Date (a) each of the Operative Documents and (b) an appropriate receipt acknowledging receipt of the Purchase Price for its Notes.

Terms of Issuance of the Notes. The Issuer agrees to sell the Notes, and subject to the terms and obligations of this Agreement, the Purchaser agrees to purchase the Notes on the Closing Date for the cash amount of $29,000,000 40,000,000 and the exchange of the April July Notes for the Notes (the “"Purchase Price”"). The Notes shall be registered in such names (which may be, if so indicated, a nominee name) as the Purchaser may direct. The Notes shall include the legend regarding restrictions on transfer set forth in Section 2.2 of the Fifth Third Amended and Restated Indenture. The closing of the sale of the Notes (the “"Closing”") shall be held at the office of Xxxxx Baker & XxXxxxxx McKenzie LLP, 0000 Xxxxxx xx xxx Xxxxxxxx805 Third Avenue, Xxx XxxxNew York, Xxx Xxxx 00000, at 10:00 AM New York 10022, 10:00 XM Nxx Xxxx City timetxxx, on August 28xx Xxxxxxxxx 00, 20060000, (the “Closing xxx "Xxxxxxx Date”") or at such other date and time as may be acceptable to the parties hereto. The cash portion of the Purchase Price shall be paid to the Issuer or its designee on the Closing Date by wire transfer of federal funds or other immediately available funds in accordance with written instructions furnished by the Issuer not later than two Business Days preceding the Closing Date. The April July Notes shall be delivered to the Trustee, and the Trustee shall acknowledge receipt thereof, on the Closing Date. In addition to the delivery of the Notes, the Issuer shall execute and deliver on the Closing Date (a) each of the Operative Documents Agreements and (b) an appropriate receipt acknowledging receipt of the Purchase Price for its Notes.

Terms of Issuance of the Notes. The Issuer agrees to sell the Notes, and subject to the terms and obligations of this Agreement, the Purchaser agrees to purchase the Notes on the Closing Date for the cash amount of $29,000,000 49,000,000 and the exchange of the April September Notes for the Notes (the “Purchase Price”). The Notes shall be registered in such names (which may be, if so indicated, a nominee name) as the Purchaser may direct. The Notes shall include the legend regarding restrictions on transfer set forth in Section 2.2 of the Fifth Fourth Amended and Restated Indenture. The closing of the sale of the Notes (the “Closing”) shall be held at the office of Xxxxx & XxXxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 AM New York City time, on August 28April 11, 2006, (the “Closing Date”) or at such other date and time as may be acceptable to the parties hereto. The cash portion of the Purchase Price shall be paid to the Issuer or its designee on the Closing Date by wire transfer of federal funds or other immediately available funds in accordance with written instructions furnished by the Issuer not later than two Business Days preceding the Closing Date. The April September Notes shall be delivered to the Trustee, and the Trustee shall acknowledge receipt thereof, on the Closing Date. In addition to the delivery of the Notes, the Issuer shall execute and deliver on the Closing Date (a) each of the Operative Documents Agreements and (b) an appropriate receipt acknowledging receipt of the Purchase Price for its Notes.

Terms of Issuance of the Notes. The Issuer agrees to sell the Notes, and subject to the terms and obligations of this Agreement, the Purchaser agrees to purchase the Notes on the Closing Date for the cash amount of $29,000,000 45,489,014.35 and the exchange of the April Original Notes and the Subordinate Notes for the Notes (the “"Purchase Price”"). The Notes shall be registered in such names (which may be, if so indicated, a nominee name) as the Purchaser may direct. The Notes shall include the legend regarding restrictions on transfer set forth in Section 2.2 of the Fifth Second Amended and Restated Indenture. The closing of the sale of the Notes (the “"Closing”") shall be held at the office of Xxxxx Baker & XxXxxxxx McKenzie LLP, 0000 Xxxxxx xx xxx Xxxxxxxx805 Third Avenue, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 AM New York 10022 New York City timexxxx, on August 28Xxxx 00, 20062005, (the “Closing Date”xxx "Xxxxxxx Xxxx") or at such xx xx xxxh other date and time as may be acceptable to the parties hereto. The cash portion of the Purchase Price shall be paid to the Issuer or its designee on the Closing Date by wire transfer of federal funds or other immediately available funds in accordance with written instructions furnished by the Issuer not later than two Business Days preceding the Closing Date. The April Original Notes and the Subordinate Notes shall be delivered to the Trustee, and the Trustee shall acknowledge receipt thereof, on the Closing Date. In addition to the delivery of the Notes, the Issuer shall execute and deliver on the Closing Date (a) each of the Operative Documents Agreements and (b) an appropriate receipt acknowledging receipt of the Purchase Price for its Notes.