Common use of Offering of Notes Clause in Contracts

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 23 contracts

Sources: Senior Secured Notes (Crosstex Energy Lp), Master Shelf Agreement (Western Gas Resources Inc), Senior Secured Notes Master Shelf Agreement (Crosstex Energy Lp)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 10 contracts

Sources: Master Note Purchase Agreement (Nordson Corp), Master Note Purchase Agreement, Note Purchase and Private Shelf Agreement (Nordson Corp)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the registration provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 9 contracts

Sources: Note Purchase and Private Shelf Agreement (Applied Industrial Technologies Inc), Exhibit Agreement (Applied Industrial Technologies Inc), Amendment to Agreement (Applied Industrial Technologies Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsthe Purchaser(s) and not more than 10 other Institutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 5 contracts

Sources: Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.), Note Purchase and Private Shelf Agreement (Coca-Cola Consolidated, Inc.)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 4 contracts

Sources: Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc), Note Purchase and Private Shelf Agreement (Twin Disc Inc), Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 3 contracts

Sources: Senior Notes Master Shelf Agreement (Sealright Company Inc), Note Purchase Agreement (Quaker Fabric Corp /De/), Senior Promissory Note Agreement (Quaker Fabric Corp /De/)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsthe Purchasers and not more than 36 other Institutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 2 contracts

Sources: Master Note Purchase Agreement (Nordson Corp), Master Note Purchase Agreement (Nordson Corp)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsnot more than 10 Institutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance issuance, offer or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 2 contracts

Sources: Note Purchase and Private Shelf Agreement (Northwest Pipe Co), Note Purchase and Private Shelf Agreement (Northwest Pipe Co)

Offering of Notes. Neither the Company Industries nor any agent acting on its the behalf of Industries has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company Industries nor any agent acting on its the behalf of Industries has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Note Purchase Agreement (Mohawk Industries Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.. 21 - 8I.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Ace Hardware Corp)

Offering of Notes. Neither the Company nor any agent acting on its behalf of the Company has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, with any Person other than institutional investorsthe Seller, and neither the Company nor any agent acting on its behalf of the Company has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Senior Notes Agreement (Plum Creek Timber Co L P)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or of Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Private Shelf Agreement (Cedar Fair L P)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsthe Purchasers, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act Act, or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Note Agreement (Pulitzer Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 Section5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Master Shelf Agreement (Transmontaigne Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security Security of the Company for sale to, or solicited any offers to buy the Notes or any similar security Security of the Company from, or otherwise approached or negotiated with respect thereto hereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which that would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky "blue sky" law of any applicable jurisdiction.

Appears in 1 contract

Sources: Note Agreement (Genencor International Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale exchange of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Note Purchase Agreement (Imc Global Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction. .

Appears in 1 contract

Sources: Note Purchase Agreement (GMX Resources Inc)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act of 1933 or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Credit Agreement (Regis Corp)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject require the issuance or sale of the Notes to the provisions of Section be registered under section 5 of the Securities Act or to under the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Amended and Restated Note Purchase and Private Shelf Agreement (Oil-Dri Corp of America)

Offering of Notes. Neither the Company nor Partnership or any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company such Partnership for sale to, or solicited any offers to buy the Notes or any similar security of the Company such Partnership from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor Partnership or any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Facility (Perkins Family Restaurants Lp)

Offering of Notes. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investorsInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky blue sky law of any applicable jurisdiction.

Appears in 1 contract

Sources: Note Purchase Agreement (Imc Global Inc)