SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.
SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to you and you will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite your name in Schedule A at the purchase price of 100% of the principal amount thereof. Contemporaneously with entering into this Agreement, the Company is entering into separate Note Purchase Agreements (the "OTHER AGREEMENTS") identical with this Agreement with each of the other purchasers named in Schedule A (the "OTHER PURCHASERS"), providing for the sale at such Closing to each of the Other Purchasers of Notes in the principal amount specified opposite its name in Schedule A. Your obligation hereunder and the obligations of the Other Purchasers under the Other Agreements are several and not joint obligations and you shall have no obligation under any Other Agreement and no liability to any Person for the performance or non-performance by any Other Purchaser thereunder.
SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to you and each of the other purchasers named in Schedule A (the “Other Purchasers”), and you and the Other Purchasers will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite your names in Schedule A at the purchase price of 100% of the principal amount thereof. Your obligation hereunder and the obligations of the Other Purchasers are several and not joint obligations and you shall have no obligation and no liability to any Person for the performance or non-performance by any Other Purchaser hereunder.
SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to you and you will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite your name in Schedule A at the purchase price of 100% of the principal amount thereof.
SALE AND PURCHASE OF NOTES. The Company will sell the Notes to the Purchasers listed on the signature pages of this Agreement, each of whom agrees to purchase the principal amount of the Notes set opposite his/her/its names, subject to the terms and conditions hereof and in reliance upon the representations and warranties of the Company contained herein, at the purchase price of 100% of the principal amount.
SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Issuers will issue and sell to each Purchaser and each Purchaser will purchase from the Issuers, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.
SALE AND PURCHASE OF NOTES. On the terms and subject to the conditions of this Agreement, the Company will issue and sell to the Purchaser, and the Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified below such Purchaser’s name on the signature pages hereto at the purchase price of 100% of the principal amount thereof. If there is more than one Purchaser hereunder, each Purchaser’s obligations hereunder are several and not joint obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder. Contemporaneously with entering into this Agreement, the Company is entering into separate Note Purchase Agreements, if any, and may enter into additional note purchase agreements for the Notes following the date hereof (collectively, the “Other Agreements”) substantially identical to this Agreement with each of the other purchasers listed in the signature pages thereto, if any, (the “Other Purchasers”), providing for the sale to each such Other Purchaser of Notes in the principal amount specified opposite such Other Purchasers’ name on such signature pages thereto. Subject to the limitations set forth in Section 10.5, the Company may, without notice to or consent of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, that the additional Notes are fungible with the Notes issued under this Agreement and the Other Agreements.
SALE AND PURCHASE OF NOTES. (a) The Company will issue and sell to you and, subject to the terms and conditions hereof and in reliance on the representations and warranties of the Company contained herein and the representations and warranties otherwise made by or on behalf of the Company in writing in connection with the transactions contemplated hereby, you will purchase from the Company, at one of the Closings provided for in SECTION 1.3, as specified in SCHEDULE I, Notes of the series and in the aggregate principal amount shown opposite your name on SCHEDULE I at the purchase price of 100% of such principal amount.
(b) The Company represents and warrants that contemporaneously herewith it is entering into separate Note Purchase Agreements (the "OTHER AGREEMENTS") identical with this Agreement (except for the name and signature of the purchaser at the end thereof) with each of the other institutional purchasers (the "OTHER PURCHASERS") named in SCHEDULE I, providing for the issuance and sale to each of the Other Purchasers at one of such Closings, as specified in SCHEDULE I, of Notes of the series and in the aggregate principal amount shown opposite its name on said SCHEDULE I at the purchase price of 100% of such principal amount. This Agreement and the Other Agreements are to be separate agreements and the purchase of Notes by you and each of the Other Purchasers are to be separate and several purchases. This Agreement and the Other Agreements are herein sometimes collectively referred to as the "AGREEMENTS".
SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Issuer will issue and sell to each Initial Purchaser and each Initial Purchaser will purchase from the Issuer, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Initial Purchaser’s name in Schedule B at the purchase price of 100% of the principal amount thereof. The Initial Purchasers’ obligations hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.
