Sale and Delivery to Initial Purchasers Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Issuer agrees to sell to each Initial Purchaser, severally and not jointly, and each Initial Purchaser, severally and not jointly, agrees to purchase from the Issuer, at the price set forth in Schedule B, the aggregate principal amount of Notes set forth in Schedule A opposite the name of such Initial Purchasers plus any additional principal amount of Notes which such Initial Purchasers may become obligated to purchase pursuant to the provisions of Section 11 hereof.
Sale and Delivery to Initial Purchasers Closing. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions hereinafter stated, the Company hereby agrees to issue and sell to the Initial Purchasers, and each Initial Purchaser agrees, severally and not jointly and not jointly and severally, to purchase from the Company at the price set forth in Schedule A, the aggregate principal amount of Firm Securities set forth in Schedule A, plus any additional principal amount of Firm Securities which such Initial Purchaser may become obligated to purchase pursuant to the provisions of Section 11 hereof, subject to such adjustments as the Representatives in their discretion shall make to ensure that any sales or purchases are in authorized denominations.
Sale and Delivery to Initial Purchasers Closing. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Trust agrees to sell to each Initial Purchaser, severally and not jointly, and each Initial Purchaser agrees to purchase from the Trust, at a price of $1,000 per Capital Security, the number of Capital Securities set forth in Schedule A opposite the name of such Initial Purchaser, plus any additional Capital Securities which such Initial Purchaser may become obligated to purchase pursuant to the provisions of Section 10 hereof. Deliveries of certificates for the Capital Securities shall be made at the office of KBW in New York (or at the offices of Xxxxx & Xxxx LLP specified below in the case of Capital Securities registered in the name of Cede & Co.), and payment of the purchase price for the Capital Securities shall be made by the Initial Purchasers to the Trust by wire transfer of immediately available funds contemporaneous with closing at the offices of Xxxxx & Wood LLP, Xxx Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 A.M. on March 21, 1997, or such other time not later than ten business days after such date as shall be agreed upon by KBW and the Offerors (such time and date of payment and delivery being herein called the "Closing Time"). Payment for the Capital Securities purchased by the Initial Purchasers shall be made to the Trust by wire transfer of immediately available funds, against delivery for the account of the Initial Purchasers of certificates for the Capital Securities. Certificates for the Capital Securities shall be in such denominations and registered in such names as the Initial Purchasers may request in writing at least one business day before the Closing Time except that no certificates may be issued in denominations of less than $100,000. It is understood that each of the Initial Purchasers has authorized KBW for its account to accept delivery of, receipt for, and make payment of the purchase price for the Capital Securities which it has agreed to purchase. KBW, individually and not as representative of the Initial Purchasers, may (but shall not be obligated to) make payment of the Purchase price for the Capital Securities to be purchased by any Initial Purchaser whose funds have not been received by the Closing Time, but such payment shall not relieve such Initial Purchaser from its obligations hereunder. The certificates representing the Capital Securities which are not resold to institution...
Sale and Delivery to Initial Purchasers Closing. 14 (a) Securities....................................................................................14 (b) Payment.......................................................................................14 (c) Denominations; Registration...................................................................14 SECTION 3. COVENANTS OF THE COMPANY AND THE SUBSIDIARY GUARANTORS........................................14
Sale and Delivery to Initial Purchasers Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to sell to each Initial Purchaser, severally and not jointly, and each Initial Purchaser, severally and not jointly, agrees to purchase from the Company, at the price set forth in Schedule B hereto, the aggregate principal amount of Securities set forth in Schedule A hereto opposite the name of such Initial Purchaser, plus any additional principal amount of Securities which such Initial Purchaser may become obligated to purchase pursuant to the provisions of Section 11 hereof.
Sale and Delivery to Initial Purchasers Closing. (a) Series A Securities. On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to sell to each Initial Purchaser, severally and not jointly, and each Initial Purchaser, severally and not jointly, agrees to purchase from the Company, at the price set forth in Schedule B hereto, the aggregate principal amount of Series A Securities set forth in Schedule A opposite the name of such Initial Purchaser, plus any additional principal amount of Securities which such Initial Purchaser may become obligated to purchase pursuant to the provisions of Section 12 hereof.
Sale and Delivery to Initial Purchasers Closing. (a) The commitment of the Initial Purchasers to purchase the Securities pursuant to this Agreement shall be deemed to have been made on the basis of the representations and warranties herein contained and shall be subject to the terms and conditions set forth herein.
Sale and Delivery to Initial Purchasers Closing. (a) On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions hereinafter stated, the Company hereby agrees to issue and sell to the Initial Purchasers, and each Initial Purchaser agrees, severally and not jointly and not jointly and severally, to purchase from the Company at the price set forth in Schedule A, the aggregate principal amount of Securities set forth in Schedule A, plus any additional principal amount of Securities which such Initial Purchaser may become obligated to purchase pursuant to the provisions of Section 11 hereof, subject to such adjustments as the Representative in its discretion shall make to ensure that any sales or purchases are in authorized denominations. In consideration for the Initial Purchasers’ underwriting services in acquiring, selling and distributing the Notes, the Company agrees to pay to the Initial Purchasers a fee equal to 1.25% of the principal amount of the Notes being sold hereunder. Such obligation to pay the fee shall be satisfied by way of set-off against the Initial Purchasers’ obligation to pay the aggregate purchase price payable for the Notes as set forth in Schedule A.
Sale and Delivery to Initial Purchasers Closing. 11 (a) SECURITIES. . . . . . . . . . . . . . . . . . . . . . . . . 11 (b) PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 12 (c)
Sale and Delivery to Initial Purchasers Closing. (a) On the basis of the representations and warranties herein contained and subject to the terms and conditions herein set forth, the Company agrees to sell to the Initial Purchasers, and the Initial Purchasers agree to severally and not jointly purchase from the Company, an aggregate of 8,700,000 Shares at a price of $48.50 per Share. The parties agree that the initial offering price of the Shares will be $50.00 per Share.
