Securities Held by the Issuers, etc. Whenever the consent or approval of holders of a specified percentage of principal amount of Registrable Securities or Exchange Notes is required hereunder, Registrable Securities or Exchange Notes, as applicable, held by the Issuers or their affiliates (other than subsequent holders of Registrable Securities or Exchange Notes if such subsequent holders are deemed to be affiliates solely by reason of their holdings of such Registrable Securities or Exchange Notes) shall not be counted in determining whether such consent or approval was given by the holders of such required percentage.
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or Exchange Securities is required hereunder, Securities or Exchange Securities, as applicable, held by any Issuer or its Affiliates (other than subsequent Holders of Securities or Exchange Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or Exchange Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this Agreement and your acceptance shall represent a binding agreement among the Issuers and the several Initial Purchasers. Very truly yours, Crown Holdings, Inc. By: /s/ Xxxx X. Xxxxxxxxxx Name: Xxxx X. Xxxxxxxxxx Title: Vice Chairman of the Board, Executive Vice President and Chief Financial Officer Attest: By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer Crown Americas, LLC By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer Crown Americas Capital Corp. By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer GUARANTORS: Central States Can Co. of Puerto Rico, Inc. CROWN Beverage Packaging Puerto Rico, Inc. Crown Consultants, Inc. Crown Cork & Seal Company (DE), LLC Crown Cork & Seal Company, Inc. Crown Financial Corporation Crown Financial Management, Inc. Crown International Holdings, Inc. CROWN Packaging Technology, Inc. Foreign Manufacturers Finance Corporation NWR, Inc. Crown Holdings (PA), LLC By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer CROWN Cork & Seal USA, Inc. CROWN Xxxxxx USA, Inc. Crown Beverage Packaging, Inc. By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer The foregoing Agreement is hereby confirmed and accepted as of the date first above written. Citigroup Global Markets Inc. Xxxxxx Brothers Inc. Deutsche Bank Securities Inc. Banc of America Securities LLC By: Citigroup Global Markets Inc. By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director For themselves and the other several Initial Purchasers named in Schedule I to the foregoing Agreement. SCHEDULE I Initial Purchasers: Citigroup Global Markets Inc. Xxxxxx Brothers Inc. Deutsche Bank Securities Inc. Banc of Americ...
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or New Securities is required hereunder, Securities or New Securities, as applicable, held by any Issuer or its Affiliates (other than subsequent Holders of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this Agreement and your acceptance shall represent a binding agreement between the Issuers and the several Initial Purchasers. Very truly yours, NRG ENERGY, INC. By: /s/ G. Xxxx Xxxxxx Name: G. Xxxx Xxxxxx Title: Senior Vice President and Treasurer GUARANTORS: XXXXXX KILL POWER LLC ASTORIA GAS TURBINE POWER LLC CABRILLO POWER I LLC CABRILLO POWER II LLC CONEMAUGH POWER LLC CONNECTICUT JET POWER LLC DEVON POWER LLC DUNKIRK POWER LLC EASTERN SIERRA ENERGY COMPANY EL SEGUNDO POWER, LLC EL SEGUNDO POWER II LLC ENERGY PROTECTION INSURANCE COMPANY EVERYTHING ENERGY LLC XXXXXXX POWER LLC INDIAN RIVER OPERATIONS INC. INDIAN RIVER POWER LLC KEYSTONE POWER LLC LOUISIANA GENERATING LLC MERIDEN GAS TURBINES LLC MIDDLETOWN POWER LLC MONTVILLE POWER LLC NEO CORPORATION NEO FREEHOLD-GEN LLC NEO POWER SERVICES INC. NORWALK POWER LLC NRG AFFILIATE SERVICES INC. NRG XXXXXX KILL OPERATIONS INC. NRG ASTORIA GAS TURBINE OPERATIONS INC. NRG BAYOU COVE LLC NRG CABRILLO POWER OPERATIONS INC. NRG CALIFORNIA PEAKER OPERATIONS LLC NRG CEDAR BAYOU DEVELOPMENT COMPANY, LLC NRG CONNECTICUT AFFILIATE SERVICES INC. NRG DEVELOPMENT COMPANY INC. NRG DEVON OPERATIONS INC. NRG DUNKIRK OPERATIONS INC. NRG EL SEGUNDO OPERATIONS INC. NRG GENERATION HOLDINGS, INC. NRG XXXXXXX OPERATIONS INC. NRG ILION LP LLC NRG INTERNATIONAL LLC NRG MEXTRANS INC. NRG MIDATLANTIC AFFILIATE SERVICES INC. NRG MIDDLETOWN OPERATIONS INC. NRG MONTVILLE OPERATIONS INC. NRG NEW ROADS HOLDINGS LLC NRG NORTH CENTRAL OPERATIONS INC. NRG NORTHEAST AFFILIATE SERVICES INC. NRG NORWALK HARBOR OPERATIONS INC. NRG OPERATING SERVICES, INC. NRG OSWEGO HARBOR POWER OPERATIONS INC. NRG PACGEN INC. NRG ROCKFORD ACQUISITION LLC NRG SAGUARO OPERATIONS INC. NRG SERVICES CORPORATION NRG SIMPLYSMART SOLUTIONS LLC NRG SOUTH CENTRAL AFFILIATE SERVICES INC. NRG SOUTH...
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of either Class of Securities or New Securities, as applicable, is required hereunder, such Securities or New Securities, as applicable, held by the Issuers or their Affiliates (other than subsequent Holders of either Class of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or New Securities is required hereunder, Securities or New Securities, as applicable, held by any Issuer or its Affiliates (other than subsequent Holders of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Issuers and the several Initial Purchasers. Very truly yours, MEDIACOM BROADBAND LLC By: /s/ Mxxx Xxxxxxx Name: Mxxx Xxxxxxx Title: Executive Vice President, CFO MEDIACOM BROADBAND CORPORATION By: /s/ Mxxx Xxxxxxx Name: Mxxx Xxxxxxx Title: Executive Vice President, CFO The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BANC OF AMERICA SECURITIES LLC J.X. XXXXXX SECURITIES INC. By: BANC OF AMERICA SECURITIES LLC By: /s/ Dxxxxx X. Xxxxx Name: Dxxxxx X. Xxxxx Title: Managing Director By: J.X. XXXXXX SECURITIES INC. By: /s/ Dxx Xxxxxx Name: Dxx Xxxxxx Title: Vice President ANNEX A Each Broker-Dealer that receives New Securities for its own account pursuant to the Exchange Offer must acknowledge that it will deliver a prospectus in connection with any resale of such New Securities. The Letter of Transmittal states that by so acknowledging and by delivering a prospectus, a Broker-Dealer will not be deemed to admit that it is an “underwriter” within the meaning of the Act. This Prospectus, as it may be amended or supplemented from time to time, may be used by a Broker-Dealer in connection with resales of New Securities received in exchange for Securities where such Securities were acquired by such Broker-Dealer as a result of market-making activities or other trading activities. The Issuers have agreed that, starting on the Expiration Date (as defined herein) and ending on the close of business one year after the Expiration Date, they will make this Prospectus available to any Broker-Dealer for use in connection with any such resale. See “Plan of Distribution”.
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or the Common Stock issuable upon conversion of the Notes is required hereunder, Securities or the Common Stock issued upon conversion of the Notes held by the Company, the Guarantor or their Affiliates (other than subsequent Holders of Securities or the Common Stock issued upon conversion of the Notes if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of New Notes or Exchange Notes is required hereunder, New Notes or Exchange Notes, as applicable, held by any of the Issuers or any of their Affiliates (other than subsequent Holders if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such New Notes or Exchange Notes) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or New Securities is required hereunder, Securities or New Securities, as applicable, held by the Issuers or their Affiliates (other than subsequent Holders of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement between the Company and the Initial Purchasers. Very truly yours, M/I HOMES, INC. By: /s/ Xxxxxxx X. Creek Name: Xxxxxxx X. Creek Title: Executive Vice President and Chief Financial Officer M/I HOMES DEVELOPMENT I, LLC M/I HOMES FIRST INDIANA LLC M/I HOMES OF ALABAMA, LLC M/I HOMES OF AUSTIN, LLC M/I HOMES OF CENTRAL OHIO, LLC M/I HOMES OF CHARLOTTE, LLC M/I HOMES OF CHICAGO, LLC M/I HOMES OF CINCINNATI, LLC M/I HOMES OF DC, LLC M/I HOMES OF DELAWARE, LLC M/I HOMES OF DFW, LLC M/I HOMES OF HOUSTON, LLC M/I HOMES OF MICHIGAN, LLC M/I HOMES OF MINNEAPOLIS/ST. XXXX, LLC M/I HOMES OF SARASOTA, LLC M/I HOMES OF ORLANDO, LLC M/I HOMES OF RALEIGH, LLC M/I HOMES OF SAN ANTONIO, LLC M/I HOMES OF TAMPA, LLC M/I HOMES OF WEST PALM BEACH, LLC M/I HOMES SERVICE, LLC MHO HOLDINGS, LLC MHO, LLC NORTHEAST OFFICE VENTURE, LIMITED LIABILITY COMPANY PRINCE GEORGES UTILITIES, LLC THE FIELDS AT PERRY HALL, L.L.C. XXXXXX FARM, L.L.C. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Legal Officer and Secretary M/I HOMES OF FLORIDA, LLC M/I HOMES SECOND INDIANA LLC By: M/I Homes, Inc., its Sole Member By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Legal Officer and Secretary M/I HOMES OF INDIANA, L.P. By: M/I Homes First Indiana LLC, its Sole General Partner By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Legal Officer and Secretary The foregoing Agreement is hereby confirmed and accepted as of the date first above written. For itself and the other several Initial Purchasers named in Schedule I to the Purchase Agreement. By: X.X. XXXXXX SECURITIES LLC By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Vice President ANNEX A Each broker-dealer that receives new securities for its own account pursuant to the...
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or New Securities is required hereunder, Securities or New Securities, as applicable, held by the Issuers or their Affiliates (other than subsequent Holders of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. Please confirm that the foregoing correctly sets forth the agreement among the Issuers and you. Very truly yours, MSX INTERNATIONAL, INC. By: ------------------------------------- Name: Title: MSX INTERNATIONAL TECHNOLOGY SERVICES, INC. By: ------------------------------------- Name: Title: MSX INTERNATIONAL ENGINEERING SERVICES, INC. By: ------------------------------------- Name: Title: MSX INTERNATIONAL BUSINESS SERVICES, INC. By: ------------------------------------- Name: Title: MSX INTERNATIONAL (USA), INC. By: ------------------------------------- Name: Title: MSX INTERNATIONAL (HOLDINGS), INC. By: ------------------------------------- Name: Title: Accepted May 18, 1999 SALOXXX XXXXX XXXNXX XXX. BANC ONE CAPITAL MARKETS, INC. By: SALOXXX XXXXX XXXNEY INC. By: ------------------------------------- Name: Title: ANNEX A Annex A Each broker-dealer that receives New Securities for its own account pursuant to the Exchange Offer must acknowledge that it will deliver a prospectus in connection with any resale of such New Securities. The Letter of Transmittal states that by so acknowledging and by delivering a prospectus, a broker-dealer will not be deemed to admit that it is an "underwriter" within the meaning of the Securities Act. This Prospectus, as it may be amended or supplemented from time to time, may be used by a broker-dealer in connection with resales of New Securities received in exchange for Securities where such New Securities were acquired by such broker-dealer as a result of market-making activities or other trading activities. The Issuers have agreed that, starting on the Expiration Date (as defined herein) and ending on the close of business on the first anniversary of the Expiration Date, they will make this Prospectus available to any broker-dealer for use in connection with any such resale. See "Plan of Distribution." ANNEX B Annex B Each broker-dealer that receives New Securities for its own account in ...
Securities Held by the Issuers, etc. Whenever the consent or approval of Holders of a specified percentage of principal amount of Securities or New Securities is required hereunder, Securities or New Securities, as applicable, held by any Issuer or its Affiliates (other than subsequent Holders of Securities or New Securities if such subsequent Holders are deemed to be Affiliates solely by reason of their holdings of such Securities or New Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this Agreement and your acceptance shall represent a binding agreement between the Issuers and the Initial Purchasers. Very truly yours, D.R. HORTON, INC. By: /s/ SAMUXX X. XXXXXR ---------------------------------------- Samuel R. Fuller Executive Vixx Xxxxxxxxx, Xxeasurer and Chief Financial Officer GUARANTORS:
