Common use of Note Purchase Clause in Contracts

Note Purchase. Subject to the terms and conditions set forth herein and relying upon the representations and warranties herein set forth, on the Effective Date, the Issuer shall issue to each Holder, and each Holder shall purchase from the Issuer (so long as all conditions precedent required hereby shall have then been satisfied or waived), a Note in the aggregate principal amount equal to such Holder’s Pro Rata Share of $100,000,000, to be purchased net of three percent (3.0%) discount. Such discount shall be treated as original issue discount for U.S. federal income tax purposes.