Common use of The Optional Notes; any Subsequent Closing Date Clause in Contracts

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers to purchase, severally and not jointly, up to $15,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative to the Company, which notice may be given at any time prior to the 13th day after the Closing Date. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "Closing Date" shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such time and date of delivery, if subsequent to the Closing Date, is called a "Subsequent Closing Date" and shall be determined by the Representative. Such date may be the same as the Closing Date but shall not be earlier than the Closing Date and shall be prior to the 13th day after the Closing Date. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount as the Representative may determine) that bears the same proportion to the total principal amount of Optional Notes to be purchased as the principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers to purchase, severally and not jointly, up to $15,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time within the 13 day period beginning on the Closing Date upon notice by the Representative to the Company, which notice may be given at any time at least two days prior to the 13th day after the Closing DateDate or Subsequent Closing Date (as defined below), as applicable. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but shall not be earlier than the Closing Date and shall be prior to the 13th day nor later than 10 business days after the Closing Datedate of such notice. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative may determine) that bears the same proportion to the total principal amount of Optional Notes to be purchased as the principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers Underwriters to purchase, severally and not jointly, up to $15,000,000 aggregate principal amount of the Optional Notes from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers Underwriters for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative Representatives to the Company, which notice may be given at any time prior to within 30 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the aggregate principal amount (which shall be an integral multiple of $1,000 in aggregate principal amount1,000) of Optional Notes as to which the Initial Purchasers Underwriters are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but Representatives and shall not be earlier than the Closing Date and shall be prior to the 13th day three nor later than five full business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser Underwriter agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative Representatives may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser Underwriter bears to the total aggregate principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers Underwriters to purchase, severally and not jointly, up to an $15,000,000 45,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers Underwriters for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative Representatives to the Company, which notice may be given at any time prior to within 13 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers Underwriters are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called hereinafter referred to as a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but Representatives and shall not be earlier than the Closing Date and shall be prior to the 13th day three nor later than five full business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser Underwriter agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative Representatives may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser Underwriter bears to the total aggregate principal amount of Firm Notes. As used herein, the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers to purchase, severally and not jointly, up to an $15,000,000 105,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative Representatives to the Company, which notice may be given at any time prior to within a period of 13 days beginning with the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but Representatives and shall not be earlier than the Closing Date and shall be prior to the 13th day nor later than 3 business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative Representatives may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total aggregate principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers Underwriters to purchase, severally and not jointly, up to $15,000,000 aggregate principal amount of the Optional Notes from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers Underwriters for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative to the Company, which notice may be given at any time prior to within 30 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the aggregate principal amount (which shall be an integral multiple of $1,000 in aggregate principal amount1,000) of Optional Notes as to which the Initial Purchasers Underwriters are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but Representative and shall not be earlier than the Closing Date and shall be prior to the 13th day three nor later than five full business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser Underwriter agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser Underwriter bears to the total aggregate principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company and the Guarantors hereby grants grant an option to the several Initial Purchasers to purchase, severally and not jointly, up to $15,000,000 18,750,000 aggregate principal amount of Optional Notes Notes, guaranteed by the Guarantors, from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative BAS to the CompanyCompany and the Guarantors, which notice may be given at any time prior to within 30 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but BAS and shall not be earlier than the Closing Date and shall be prior to the 13th day nor later than 10 business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative BAS may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total aggregate principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers to purchase, solely to cover over-allotments, severally and not jointly, up to an additional $15,000,000 25,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative BAS to the Company, which notice may be given at any time prior to within 30 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but BAS and shall not be earlier than the Closing Date and shall be prior to the 13th day nor later than 10 business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative BAS may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total aggregate principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers to purchase, severally and not jointly, up to $15,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative to the Company, which notice may be given at any time prior to within 30 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the A Subsequent Closing Date but shall not be earlier than the Closing Date and shall be prior to within the 13th 30-day after period beginning on the Closing Date. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount as the Representative may determine) that bears the same proportion to the total principal amount of Optional Notes to be purchased as the principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers Underwriters to purchase, severally and not jointly, up to $15,000,000 10,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price to be paid by the Initial Purchasers Underwriters for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative to the Company, which notice may be given at any time prior to within 30 days from the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers Underwriters are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but shall not be earlier than the Closing Date and shall be prior to the 13th day nor later than 10 business days after the Closing Datedate of such notice. If any Optional Notes are to be purchased, each Initial Purchaser Underwriter agrees, severally and not jointly, to purchase the principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount as the Representative may determine) that bears the same proportion to the total principal amount of Optional Notes to be purchased as the principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser Underwriter bears to the total principal amount of Firm Notes.

The Optional Notes; any Subsequent Closing Date. In addition, on the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company hereby grants an option to the several Initial Purchasers to purchase, severally and not jointly, up to an additional $15,000,000 45,000,000 aggregate principal amount of Optional Notes from the Company at the same price as the purchase price per Firm Note to be paid by the Initial Purchasers for the Firm Notes. The option granted hereunder may be exercised at any time and from time to time upon notice by the Representative Representatives to the Company, which notice may be given at any time prior to within a period of 13 days beginning with the 13th day after the Closing Datedate of this Agreement. Such notice shall set forth (i) the amount (which shall be an integral multiple of $1,000 in aggregate principal amount) of Optional Notes as to which the Initial Purchasers are exercising the option, (ii) the names and denominations in which the Optional Notes are to be registered and (iii) the time, date and place at which such Optional Notes will be delivered (which time and date may be simultaneous with, but not earlier than, the Closing Date; and in such case the term "“Closing Date" ” shall refer to the time and date of delivery of the Firm Notes and the Optional Notes). Such Each time and date of delivery, if subsequent to the Closing Date, is called a "“Subsequent Closing Date" ” and shall be determined by the Representative. Such date may be the same as the Closing Date but Representatives and shall not be earlier than the Closing Date and shall be prior to the 13th day nor later than 3 business days after the Closing Datedelivery of such notice of exercise. If any Optional Notes are to be purchased, each Initial Purchaser agrees, severally and not jointly, to purchase the aggregate principal amount of Optional Notes (subject to such adjustments to eliminate fractional amount amounts as the Representative Representatives may determine) that bears the same proportion to the total aggregate principal amount of Optional Notes to be purchased as the aggregate principal amount of Firm Notes set forth on Schedule A opposite the name of such Initial Purchaser bears to the total aggregate principal amount of Firm Notes.