Common use of SALE AND PURCHASE OF NOTES Clause in Contracts

SALE AND PURCHASE OF NOTES. On the terms and subject to the conditions of this Agreement, the Company will issue and sell to the Purchaser, and the Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified below such Purchaser’s name on the signature pages hereto at the purchase price of 100% of the principal amount thereof. If there is more than one Purchaser hereunder, each Purchaser’s obligations hereunder are several and not joint obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder. Contemporaneously with entering into this Agreement, the Company is entering into separate Note Purchase Agreements, if any, and may enter into additional note purchase agreements for the Notes following the date hereof (collectively, the “Other Agreements”) substantially identical to this Agreement with each of the other purchasers listed in the signature pages thereto, if any, (the “Other Purchasers”), providing for the sale to each such Other Purchaser of Notes in the principal amount specified opposite such Other Purchasers’ name on such signature pages thereto. Subject to the limitations set forth in Section 10.5, the Company may, without notice to or consent of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, that the additional Notes are fungible with the Notes issued under this Agreement and the Other Agreements.

SALE AND PURCHASE OF NOTES. On Subject to the terms and subject to the conditions of this Agreement, the Company will issue and sell to the Purchaser, you and the Purchaser you will purchase from the Company, at the Closing provided for in Section 3, the 2002 Notes in the principal amount and of the series specified below such Purchaser’s opposite your name on the signature pages hereto in Schedule A at the purchase price of 100% of the principal amount thereof. If there is more than one Purchaser Contemporaneously with entering into this Agreement, IHOP and the Company are entering into separate Note Purchase Agreements (the "Other Agreements") identical with this Agreement with each of the other purchasers named in Schedule A (the "Other Purchasers"), providing for the sale at such Closing to each of the Other Purchasers of the 2002 Notes in the principal amount and of the series specified opposite its name in Schedule A. Your obligation hereunder, each Purchaser’s and the obligations hereunder of the Other Purchasers under the Other Agreements, are several and not joint obligations, and no Purchaser you shall have no obligation under any Other Agreement and no liability to any Person for the performance or non-performance of any obligation nonperformance by any other Other Purchaser hereunderthereunder. Contemporaneously with entering into this AgreementThe Series A Notes, the Company is entering into separate Note Purchase Agreements, if any, Series B Notes and may enter into additional note purchase agreements for the Notes following the date hereof (collectively, the “Other Agreements”) substantially identical to this Agreement with each of the other purchasers listed in the signature pages thereto, if any, (the “Other Purchasers”), providing for the sale to each such Other Purchaser series of Notes in the principal amount specified opposite such Other Purchasers’ name on such signature pages thereto. Subject issued hereunder are each herein sometimes referred to the limitations set forth in Section 10.5, the Company may, without notice to or consent as Notes of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, that the additional Notes are fungible with the Notes issued under this Agreement and the Other Agreementsa "series."

SALE AND PURCHASE OF NOTES. On the terms and subject to the conditions of this Agreement, the Company will issue and sell to the each Purchaser, and the each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified below such Purchaser’s name on the signature pages hereto at the purchase price of 100% of the principal amount thereof. If there is more than one Purchaser hereunder, each Purchaser’s The Purchasers’ obligations hereunder are several and not joint obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder. Contemporaneously with entering into this Agreement, the Company is entering into separate Note Purchase Agreements, if any, and may enter into additional note purchase agreements for the Notes following the date hereof any (collectively, the “Other Agreements”) ), substantially identical to this Agreement with each of the other purchasers purchasers, if any, listed in the signature pages thereto, if any, thereto (the “Other Purchasers”), providing for the sale to each such Other Purchaser of Notes in the principal amount specified opposite such Other Purchasers’ name on in such signature pages thereto. Subject to the limitations set forth in Section 10.5, the Company may, without notice to or consent of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, that the additional Notes are fungible with the Notes issued under this Agreement and the Other Agreements.

SALE AND PURCHASE OF NOTES. On Subject to the terms and subject to the conditions of this Agreement, the Company will issue and sell to the Purchaser, you and the Purchaser you will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified below such Purchaser’s your name on the signature pages hereto in Schedule A at the purchase price of 100% of the principal amount thereof. If there is more than one Purchaser hereunder, each Purchaser’s obligations hereunder are several and not joint obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder. Contemporaneously with entering into this Agreement, the Company is entering into separate Note Purchase Agreements, if any, and may enter into additional note purchase agreements for the Notes following the date hereof Agreements (collectively, the “Other Agreements”) substantially identical to with this Agreement with each of the other purchasers listed named in the signature pages thereto, if any, Schedule A (the “Other Purchasers”), providing for the sale at such Closing to each such of the Other Purchaser Purchasers of Notes in the principal amount specified opposite such Other Purchasers’ its name on such signature pages thereto. Subject Schedule A. The sales of the Notes to the limitations set forth in Section 10.5you and to each Other Purchaser are to be separate sales; provided, however, the Company may, without notice to or consent of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, you agree that the additional Notes are fungible with the Notes issued under this Agreement and the Other AgreementsAgreements shall constitute one single agreement for purposes of applying any statute otherwise limiting any choice of law, choice of forum, interest, fees or other contractual provision if the statute validates such contractual provision, or exempts from the statute’s limitation on such contractual provision, a single agreement creating or evidencing obligations above a threshold amount specified in that statute. Your obligation hereunder and the obligations of the Other Purchasers under the Other Agreements are several and not joint obligations and you shall have no obligation under any Other Agreement and no liability to any Person for the performance or non-performance by any Other Purchaser thereunder.

SALE AND PURCHASE OF NOTES. On the terms and subject to the conditions of this Agreement, the Company will issue and sell to the Purchaser, and the Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified below such Purchaser’s name on the signature pages hereto at the purchase price of 100% of the principal amount thereofthereof in excess of the principal amount of the Original Notes held by such Purchaser being canceled in accordance with this Agreement, as set forth on the signature pages hereto. If there is more than one Purchaser hereunder, each Purchaser’s obligations hereunder are several and not joint obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder. Contemporaneously with entering into this Agreement, the Company is may be entering into separate Note Purchase Agreements, if any, and may enter into additional note purchase agreements for the Notes following the date hereof (collectively, the “Other Agreements”) substantially identical to this Agreement with each of the other purchasers listed in the signature pages thereto, if any, (the “Other Purchasers”), providing for the sale to each such Other Purchaser of Notes in the principal amount specified opposite such Other Purchasers’ name on such signature pages thereto. Subject to the limitations set forth in Section 10.5, the Company may, without notice to or consent of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, that the additional Notes are fungible with the Notes issued under this Agreement and the Other Agreements.

SALE AND PURCHASE OF NOTES. On the terms and subject to the conditions of this Agreement, the Company will issue and sell to the each Purchaser, and the each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified below such Purchaser’s name on the signature pages hereto at the purchase price of 100% of the principal amount thereof. If there is more than one Purchaser hereunder, each Purchaser’s The Purchasers’ obligations hereunder are several and not joint obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder. Contemporaneously with entering into this Agreement, the Company is entering into separate Note Purchase Agreements, if any, and may enter into additional note purchase agreements for the Notes following the date hereof Agreements (collectively, the “Other Agreements”) substantially identical to this Agreement with each of the other purchasers listed in the signature pages thereto, if any, thereto (the “Other Purchasers”), providing for the sale to each such Other Purchaser of Notes in the principal amount specified opposite such Other Purchasers’ name on in such signature pages thereto. Subject to the limitations set forth in Section 10.5, the Company may, without notice to or consent of the holders of the Notes, issue additional Notes having the same interest rate, maturity date and other terms; provided, that the additional Notes are fungible with the Notes issued under this Agreement and the Other Agreements.