Common use of Nature of Purchase Clause in Contracts

Nature of Purchase. Each Purchaser severally represents that it is purchasing the Notes for its own account or for one or more separate accounts maintained by such Purchaser or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of such Purchaser’s or their property shall at all times be within such Purchaser’s or their control. Each Purchaser understands that the Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the Notes.

Appears in 3 contracts

Sources: Private Shelf Agreement (Saia Inc), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.)

Nature of Purchase. Each Such Purchaser severally represents that it is purchasing not acquiring the Notes for its own account or for one or more separate accounts maintained purchased by such Purchaser or for the account of one or more pension or trust funds and not it hereunder with a view to or for sale in connection with any distribution thereof within the distribution thereofmeaning of the Securities Act, provided that the disposition of such Purchaser’s or their property shall at all times be and remain within such Purchaser’s or their its control. Each Such Purchaser is an “accredited investor” within the meaning of Regulation D under the Securities Act. Such Purchaser understands that the Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the Notes.

Appears in 2 contracts

Sources: Senior Secured Notes (Crosstex Energy Lp), Note Purchase Agreement (Crosstex Energy Lp)

Nature of Purchase. Each Such Purchaser severally represents that it is purchasing the Private Shelf Notes for its own account or for one or more separate accounts maintained by such Purchaser or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of such Purchaser’s or their property shall at all times be within such Purchaser’s or their control. Each Purchaser understands that the Private Shelf Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the Private Shelf Notes.

Appears in 1 contract

Sources: Note Purchase Agreement (Franklin Electric Co Inc)

Nature of Purchase. Each Purchaser severally represents that it such Purchaser is purchasing the Notes for its own account or for one or more separate accounts maintained by such Purchaser it or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of such Purchaser’s 's or their property shall at all times be within such Purchaser’s 's or their control. Each Purchaser understands that the Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the Notes.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Steak & Shake Co)

Nature of Purchase. Each Purchaser severally represents that it is purchasing the Notes Securities for its own account or for one or more separate accounts maintained by such Purchaser or for the account of one or more pension or trust funds over which such Purchaser has investment discretion and not with a view to the distribution thereof, provided that the disposition of such Purchaser’s its or their property shall at all times be within such Purchaser’s its or their control. Each Such Purchaser understands that the Notes Notes, Warrants and Warrant Shares have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the NotesNotes or Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (ZaZa Energy Corp)

Nature of Purchase. Each Such Purchaser severally represents that it is purchasing the Notes for its own account or for one or more separate accounts maintained by such Purchaser or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of such Purchaser’s or their property shall at all times be within such Purchaser’s or their control. Each Purchaser understands that the Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the Notes.

Appears in 1 contract

Sources: Private Shelf Agreement (Winmark Corp)

Nature of Purchase. Each Such Purchaser severally represents that it is purchasing not acquiring the Notes for its own account or for one or more separate accounts maintained purchased by such Purchaser or for the account of one or more pension or trust funds and not it hereunder with a view to or for sale in connection with any distribution thereof within the distribution thereofmeaning of the Securities Act, provided that the disposition of such Purchaser’s or their 's property shall at all times be and remain within such Purchaser’s or their its control. Each Such Purchaser is an "accredited investor" within the meaning of Regulation D under the Securities Act. Such Purchaser understands that the Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the Company is not required to register the Notes.

Appears in 1 contract

Sources: Senior Secured Notes Master Shelf Agreement (Crosstex Energy Lp)