Offer, Sale and Resale Procedures. Each of the Initial Purchasers, on the one hand, and the Company and each of the Guarantors, on the other hand, hereby agree to observe the following procedures in connection with the offer and sale of the Securities:
Offer, Sale and Resale Procedures. Each of the Initial Purchasers, severally and not jointly, agrees with the Issuers, the Escrow Guarantor, the Surviving Issuers or the Guarantors that, and hereby agrees to observe the following procedures in connection with the offer and sale of the Securities: ppp. such Initial Purchaser, severally and not jointly, represents and warrants to, and agrees with, the Issuers, the Escrow Guarantor, the Surviving Issuers or the Guarantors that it is a “qualified institutional buyer” within the meaning of Rule 144A and an “accredited investor” within the meaning of Regulation D under the Securities Act; qqq. Each such offer or sale shall only be made to persons whom the offeror or seller reasonably believes to be “qualified institutional buyers” (as defined in Rule 144A) in transactions meeting the requirements of Rule 000X, xx xxx-X.X. xxxxxxx xxxxxxx xxx Xxxxxx Xxxxxx in reliance upon Regulation S under the Securities Act, upon the terms and conditions set forth in Annex B hereto, which Annex B is hereby expressly made a part hereof; and rrr. no general solicitation or general advertising (within the meaning of Rule 502 under the Securities Act) will be used in the United States in connection with the Offering. Following the sale of the Securities by the Initial Purchasers to Subsequent Purchasers pursuant to the terms hereof, except as expressly set forth in Sections 9 and 10 hereof, the Initial Purchasers shall not be liable or responsible to the Issuers for any losses, damages or liabilities suffered or incurred by the #94399344v20 Issuers, including any losses, damages or liabilities under the Securities Act, arising from or relating to any resale or transfer of any Security.
Offer, Sale and Resale Procedures. Each of the Initial Purchasers, on the one hand, and the Copano Parties, on the other hand, hereby agrees that they have observed and will observe the following procedures in connection with the offer and sale of the Securities:
Offer, Sale and Resale Procedures. The Initial Purchasers, on the one hand, and the Issuer, on the other hand, hereby establish and agree to observe the following procedures in connection with the offer and sale of the Securities:
Offer, Sale and Resale Procedures. Each of the Underwriters, on the one hand, and the Company and Delhaize America, on the other hand, hereby agree to observe the following procedures in connection with the offer and sale of the Securities:
Offer, Sale and Resale Procedures. The Investor and the Company hereby establish and agree to observe the following procedures in connection with the offer and sale of the Shares in reliance on Rule 144A (the “144A Offering”):
Offer, Sale and Resale Procedures. Each of the Initial Purchaser, the Pokagon Parties and the Manager hereby agree to observe the following procedures in connection with the offer and sale of the Securities:
Offer, Sale and Resale Procedures. (a) It is understood that the several Initial Purchasers propose to offer the Securities for sale as set forth in the Final Offering Memorandum. Each Initial Purchaser severally and not jointly represents and warrants to, and agrees with, the Company Parties that:
Offer, Sale and Resale Procedures. Each of the Initial Purchasers, on the one hand, and the Issuer and each of the Guarantors, on the other hand, hereby agree to ob- serve the following procedures in connection with the offer and sale of the Notes: (a) Offers and sales of the Notes will be made only by the Initial Purchasers or Affiliates thereof qualified to do so in the jurisdictions in which such offers or sales are made. Each such offer or sale shall only be made to persons whom the offeror or seller reasonably believes to be Qualified Institutional Buyers or non-U.S. persons outside the United States to whom the offeror or seller reasonably believes offers and sales of the Notes may be made in reliance upon Regulation S upon the terms and conditions set forth in Annex I hereto, which Annex I is hereby expressly made a part hereof. (b) The Notes will be offered by approaching prospective Subsequent Pur- chasers on an individual basis. No general solicitation or general advertising (within the
Offer, Sale and Resale Procedures. Prior to the effectiveness of any Registration Statement, the Purchaser and the Company hereby establish and agree to observe the following procedures in connection with any offer and sale of the Shares in accordance with applicable laws:
