Common use of Purchases by Non-Bank Fiduciaries Clause in Contracts

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser of a Security acting as a fiduciary for one or more third parties, each third party must, in the judgment of the Company, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”).

Appears in 2 contracts

Sources: Purchase Agreement (Tortoise Capital Resources Corp), Purchase Agreement (Tortoise Capital Resources Corp)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer").

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement (Affordable Residential Communities Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”).

Appears in 2 contracts

Sources: Purchase Agreement (Anixter International Inc), Purchase Agreement (St Mary Land & Exploration Co)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”)) or a non-U.S. person outside the United States.

Appears in 2 contracts

Sources: Purchase Agreement (NPC International Inc), Purchase Agreement (Aep Industries Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the CompanyInitial Purchasers, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”)) or other permitted investor pursuant to the 1933 Act or 1933 Act Regulations.

Appears in 1 contract

Sources: Purchase Agreement (Titan International Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment reasonable belief of the CompanyInitial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Securities Act (a “Qualified Institutional Buyer”) who also qualifies as “qualified purchaser” within the meaning of the 1940 Act. (a “Qualified Purchaser”).

Appears in 1 contract

Sources: Purchase Agreement (Luminent Mortgage Capital Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Securities Act (a “Qualified Institutional Buyer”)) or a non-U.S. person outside the United States.

Appears in 1 contract

Sources: Purchase Agreement (Aep Industries Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be an “accredited investor” within the meaning of Rule 501(a) under the 1933 Act or a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”)) or a non-U.S. person outside the United States.

Appears in 1 contract

Sources: Purchase Agreement (Seneca Gaming Corp)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”).) or a non-U.S. person outside the United States within the meaning of Regulation S.

Appears in 1 contract

Sources: Purchase Agreement (Silver Lake Partners Ii L P)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the CompanyInitial Purchaser, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Securities Act (a “Qualified Institutional Buyer”).

Appears in 1 contract

Sources: Purchase Agreement (RAIT Financial Trust)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the reasonable judgment of the Companyapplicable Initial Purchaser, be a "qualified institutional buyer" within the meaning of Rule 144A under the 1933 Act (a "Qualified Institutional Buyer").

Appears in 1 contract

Sources: Purchase Agreement (Wabash National Corp /De)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be an Institutional Accredited Investor or a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (or a “Qualified Institutional Buyer”)non-U.S. person outside the United States.

Appears in 1 contract

Sources: Purchase Agreement (Audiocodes LTD)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the CompanyInitial Purchasers, be a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”).

Appears in 1 contract

Sources: Purchase Agreement (New River Pharmaceuticals Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the Companyapplicable Initial Purchaser, be an Institutional Accredited Investor or a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”).

Appears in 1 contract

Sources: Purchase Agreement (Cv Therapeutics Inc)

Purchases by Non-Bank Fiduciaries. In the case of a future non-bank purchaser Subsequent Purchaser of a Security acting as a fiduciary for one or more third parties, each third party mustshall, in the judgment of the CompanyInitial Purchaser, be an Institutional Accredited Investor or a “qualified institutional buyer” within the meaning of Rule 144A under the 1933 Act (a “Qualified Institutional Buyer”).

Appears in 1 contract

Sources: Purchase Agreement (General Cable Corp /De/)