Common use of Offering of the Notes Clause in Contracts

Offering of the Notes. Neither the Issuer nor any Person acting on behalf of the Issuer has, directly or indirectly, offered any of the Notes or any similar security of the Issuer for sale to, or solicited any offers to buy any thereof from, or otherwise approached or negotiated with respect thereto with, anyone other than the Purchasers and not more than 75 other institutional investors, each of whom were offered a portion of the Notes for purposes of investment and not for distribution. Neither the Issuer nor any Person acting on behalf of the Issuer has taken or will take any action which would cause the offer, issuance or sale of any Note to any Purchaser to violate the provisions of the Securities Act of 1933, as amended, or any other securities or blue sky laws of any applicable jurisdiction or subject the issuance or sale of the Notes to the registration requirements of Section 5 of said Securities Act.

Offering of the Notes. Neither the Issuer nor any Person acting on behalf of the Issuer has, directly or indirectly, offered any of the Notes or any similar security of the Issuer for sale to, or solicited any offers to buy any thereof from, or otherwise approached or negotiated with respect thereto with, anyone other than the Purchasers and not more than 75 58 other institutional investors, each of whom were offered a portion of the Notes for purposes of investment and not for distribution. Neither the Issuer nor any Person acting on behalf of the Issuer has taken or will take any action which would cause the offer, issuance or sale of any Note to any Purchaser to violate the provisions of the Securities Act of 1933, as amended, or any other securities or blue sky laws of any applicable jurisdiction or subject the issuance or sale of the Notes to the registration requirements of Section 5 of said Securities Act.