Common use of SUBSTITUTION OF PURCHASER Clause in Contracts

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 146 contracts

Sources: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Evercore Inc.), Note Purchase and Guaranty Agreement (Sachem Capital Corp.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 109 contracts

Sources: Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 15 contracts

Sources: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 15 contracts

Sources: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 14 contracts

Sources: Note Purchase Agreement, Note Purchase Agreement (Azz Inc), Note Purchase Agreement (Stepan Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this AgreementAgreement and the other Bond Documents.

Appears in 13 contracts

Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/), Bond Purchase Agreement (Nevada Power Co), Bond Purchase Agreement (Atlantic City Electric Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this Agreement.

Appears in 12 contracts

Sources: Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Southwestern Public Service Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyConstituent Companies, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Constituent Companies of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 10 contracts

Sources: Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 9 contracts

Sources: Note Purchase Agreement (Proquest Co), Note Purchase Agreement (Homeservices Com Inc), Note Purchase Agreement (Alliance Resource Partners Lp)

SUBSTITUTION OF PURCHASER. Each Purchaser or Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or Additional Purchaser or any one of such other Purchaser’s or Additional Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or Additional Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21)) or any Additional Purchaser in any Supplement, shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser or Additional Purchaser, as the case may be. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder or any Additional Purchaser in any Supplement and such Substitute Purchaser thereafter transfers to such original Purchaser or Additional Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser or Additional Purchaser, as the case may be, and such original Purchaser or Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 7 contracts

Sources: Master Note Purchase Agreement (TPG Twin Brook Capital Income Fund), Master Note Purchase Agreement (BlackRock Private Credit Fund), Master Note Purchase Agreement (Trinity Capital Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. Notwithstanding the foregoing, no such substitution shall release such original Purchaser from its obligations hereunder until the Company’s receipt in full of the purchase price for the Notes. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 6 contracts

Sources: Amended and Restated Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement. Any transferee, by its acceptance of any MRP Share registered in its name (or the name of its nominee), shall be deemed to have made the representations set forth in Section 6.

Appears in 6 contracts

Sources: Securities Exchange Agreement, Securities Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Securities Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 6 contracts

Sources: Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. SECTION 22.

Appears in 5 contracts

Sources: Note Purchase Agreement (Ugi Corp /Pa/), Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Tiaa Real Estate Account)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer and the General Partner, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer and the General Partner of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 4 contracts

Sources: Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 4 contracts

Sources: Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 4 contracts

Sources: Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Sovran Acquisition LTD Partnership), Note Purchase Agreement (Sovran Self Storage Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunderpursuant to this Agreement, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 16) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder under this Agreement and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), 16) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Holder under this Agreement.

Appears in 3 contracts

Sources: Bond Purchase Agreement (CMS Energy Corp), Bond Purchase Agreement (Consumers Energy Co), Bond Purchase Agreement (Consumers Energy Co)

SUBSTITUTION OF PURCHASER. Each Subject to Section 14.3, each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note Purchase and Private Shelf Agreement (MSC Industrial Direct Co Inc), Private Shelf Agreement (MSC Industrial Direct Co Inc), Note Purchase Agreement (MSC Industrial Direct Co Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase subscribe hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6Article 7. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section Article 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section Article 21), ) shall no longer be deemed to refer to such Substitute Purchaser, Purchaser but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note Issuance Facility Agreement (Atlantica Sustainable Infrastructure PLC), Note Issuance Facility Agreement (Atlantica Yield PLC), Note Issuance Facility Agreement (Atlantica Yield PLC)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section Article 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section Article 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section Article 21), ) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.), Note Purchase and Guarantee Agreement (Allete Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser Subject to compliance with applicable laws, you shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) your affiliates as the purchaser of the Notes that it has you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser you and such Substitute Purchaseraffiliate, shall contain such Substitute Purchaseraffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser affiliate of the accuracy with respect to it of the representations set forth in Section 6; provided that no such affiliate shall be entitled to receive any greater amount pursuant to Section 13 than that to which you would have been entitled to receive had no such substitution occurred. Upon receipt of such notice, any reference to such Purchaser wherever the word “you” is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Substitute Purchaser affiliate in lieu of such original Purchaseryou. In the event that such Substitute Purchaser affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser affiliate thereafter transfers to such original Purchaser you all of the Notes then held by such Substitute Purchaseraffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word Purchaseryouis used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Substitute Purchaseraffiliate, but shall refer to such original Purchaseryou, and such original Purchaser you shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note Purchase Agreement (ENERPLUS Corp), Note Purchase Agreement (ENERPLUS Corp), Note Purchase Agreement (Enerplus Resources Fund)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes hereunder that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes hereunder then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) Subsidiaries as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserSubsidiary, shall contain such Substitute PurchaserSubsidiary’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Subsidiary of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Subsidiary in lieu of such original Purchaser. In the event that such Substitute Purchaser Subsidiary is so substituted as a Purchaser hereunder and such Substitute Purchaser Subsidiary thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserSubsidiary, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Subsidiary as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserSubsidiary, but shall refer to such original Purchaser, Purchaser and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 3 contracts

Sources: Note Purchase Agreement (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 22) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a "Purchaser" in this Agreement (other than in this Section 21), 22) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note and Guarantee Agreement (Midas Inc), Note and Guarantee Agreement (Gtech Holdings Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyBorrower, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement, the Common Terms Agreement and the other Credit Documents and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section Article 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21Article 20), in the Common Terms Agreement and in the other Credit Documents shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Borrower of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21Article 20), in the Common Terms Agreement and in the other Credit Documents shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement, in the Common Terms Agreement and in the other Credit Documents.

Appears in 2 contracts

Sources: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ MLP Investment Company Note Purchase Agreement agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson MLP Investment CO)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 67.1. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2120), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2120), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Oncor Electric Delivery Co LLC), Note Purchase Agreement (Oncor Electric Delivery Co LLC)

SUBSTITUTION OF PURCHASER. Each Purchaser Purchaser, prior to the Closing, shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122 and in the definition of “Initial Purchaser”), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note and Guaranty Agreement (Oaktree Capital Group, LLC), Note and Guaranty Agreement (Oaktree Capital Group, LLC)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (that is a “Substitute Purchaser”) Qualified Institutional Buyer as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyConstituent Companies, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2123), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Constituent Companies of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 2123), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Brandywine Operating Partnership Lp /Pa), Note Purchase Agreement (Brandywine Realty Trust)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser acquirer of the New Notes that it such Purchaser has agreed to purchase acquire upon delivery of Old Notes to the Company hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 66.2. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such words shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the New Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such words shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the New Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement, Note Purchase Agreement (Cemex Sab De Cv)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyConstituent Companies, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Constituent Companies of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such the Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. SECTION 22.

Appears in 2 contracts

Sources: Note Purchase Agreement (Ugi Corp /Pa/), Note Purchase Agreement (Ugi Corp /Pa/)

SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company any Obligor of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. Waste Connections, Inc. Note Purchase Agreement

Appears in 2 contracts

Sources: Assumption and Exchange Agreement (Waste Connections, Inc.), Assumption and Exchange Agreement (Waste Connections US, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser Affiliates, or any one of such other Purchaser’s Affiliates fund or account managed by Pacific Investment Management Company LLC or its Affiliate (a “Substitute Purchaser”"PIMCO Fund") as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate or PIMCO Fund, shall contain such Substitute PurchaserAffiliate’s or PIMCO Fund's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate or PIMCO Fund of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate or PIMCO Fund in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate or PIMCO Fund is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate or PIMCO Fund thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate or PIMCO Fund, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate or PIMCO Fund as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate or PIMCO Fund, but shall refer to such the original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Piper Jaffray Companies), Note Purchase Agreement (Piper Jaffray Companies)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference wherever the word "Purchaser" (or a pronoun referring to such Purchaser a Purchaser) is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference wherever the word "Purchaser" (or a pronoun referring to such Substitute Purchaser as a Purchaser) is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc), Master Shelf Agreement (Mdu Resources Group Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser Purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 66 hereof. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (WGL Holdings Inc), Note Purchase Agreement (Washington Gas Light Co)

SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Master Note Purchase Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Master Note Purchase Agreement (Tortoise North American Energy Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 23) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder purchaser here-under and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 23) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note and Guarantee Agreement (Amcor PLC), Note and Guarantee Agreement (Amcor PLC)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Holder under this Agreement.

Appears in 2 contracts

Sources: Note Exchange Agreement (Kingstone Companies, Inc.), Note and Warrant Exchange Agreement (Kingstone Companies, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser You shall have the right to substitute any one of its your Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser you and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of Affiliate repeating and reaffirming the accuracy with respect to it of all of the representations set forth in Section 68 with the same effect as of such acquisition as when you initially acquired your Notes. Upon receipt of such notice, any reference to such Purchaser wherever the word “you” is used in this Agreement (other than in this Section 2123), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaseryou. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser you all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word Purchaseryouis used in this Agreement (other than in this Section 2123), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaseryou, and such original Purchaser you shall again have all the rights of an original holder of the Notes and Warrants under this Agreement. Any substitute, by its acceptance of a Note and Warrant registered in its name (or the name of its nominee), shall be deemed to have agreed to become bound by the provisions of the Loan Documents and Warrants applicable to Purchasers and holders and to have made the representations set forth in Section 8.

Appears in 2 contracts

Sources: Note and Warrant Purchase Agreement (Canargo Energy Corp), Note and Warrant Purchase Agreement (Canargo Energy Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Companyan Obligor, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company an Obligor of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Family Dollar Stores Inc), Note Purchase Agreement (Family Dollar Stores Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyCompany and the Issuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6, provided, however, that no such substitution shall relieve the original Purchaser from its obligation to purchase Notes hereunder. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company and the Issuer of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Jackson Hewitt Tax Service Inc), Note Purchase Agreement (Jackson Hewitt Tax Service Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Tecumseh Products Co), Note Purchase Agreement (Woodward Governor Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 23) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 23) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note and Guarantee Agreement (Amcor PLC), Note and Guarantee Agreement (Amcor PLC)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes MRP Shares that it has agreed to purchase hereunder, by written notice to the CompanyFund, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes MRP Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company Fund of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes MRP Shares under this Agreement.

Appears in 2 contracts

Sources: Securities Purchase Agreement (ClearBridge Energy MLP Opportunity Fund Inc.), Securities Purchase Agreement (ClearBridge Energy MLP Total Return Fund Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyEUR Issuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company EUR Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. Lineage Logistics Note Purchase Agreement

Appears in 2 contracts

Sources: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 2 contracts

Sources: Note Purchase and Private Shelf Agreement (Schawk Inc), Note Purchase Agreement (Ferrellgas Partners Finance Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. Notwithstanding the foregoing provisions of this Section 21, the Company shall have the right to prevent any substitution otherwise permitted by this Section 21 if it reasonably determines that the substitution would result in a prohibited transaction under ERISA or Section 4975 of the Code for which no exemption is available.

Appears in 2 contracts

Sources: Note Purchase Agreement (SJW Group), Note Purchase Agreement (SJW Group)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”; provided, that no Person, or an Affiliate of any Person, that is a competitor of the Company or its Affiliates shall be a Substitute Purchaser) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Energy Vault Holdings, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s Northern Utilities, Inc. Note Purchase Agreement agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Unitil Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Series 2020A Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Series 2020A Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Series 2020A Bonds under this Agreement.

Appears in 1 contract

Sources: Bond Purchase Agreement (Middlesex Water Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (other than an Ineligible Institution) (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by prior written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Hercules Capital, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the CompanyObligors, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Obligors of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Sovran Self Storage Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. EQUITY ONE, INC. NOTE PURCHASE AGREEMENT

Appears in 1 contract

Sources: Note Purchase Agreement (Equity One, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. ‑38‑ Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Ugi Corp /Pa/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which STERIS CORPORATION NOTE PURCHASE AGREEMENT notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Steris Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this Agreement. SECTION 22.

Appears in 1 contract

Sources: Bond Purchase Agreement (Centerpoint Energy Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall Sharyland Distribution & Transmission Services, L.L.C. Note Purchase Agreement contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (InfraREIT, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (other than a Competitor) (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (TriplePoint Venture Growth BDC Corp.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter AmericasActive:12108486.6 transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this AgreementAgreement and the other Bond Documents.

Appears in 1 contract

Sources: Bond Purchase Agreement (Potomac Electric Power Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. 45

Appears in 1 contract

Sources: Note Purchase Agreement (Evercore Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall The Toro Company Note Purchase Agreement contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Toro Co)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement TUPPERWARE FINANCE COMPANY B.V. Note Purchase Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Tupperware Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” is used in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (El Paso Electric Co /Tx/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates Affiliates, Related Funds, or another Purchaser or any one of such other Purchaser’s Affiliates or Related Funds (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunderunder any NPPA Series Supplement, by written notice to the CompanyCo-Issuers, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and such NPPA Series Supplement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Co-Issuers of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase and Participation Agreement (Landmark Infrastructure Partners LP)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyEUR Issuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Lineage Logistics Note Purchase Agreement Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company EUR Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Lineage, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser You shall have the right to substitute any one of its your Affiliates or another Purchaser such funds, entities and accounts that are managed or any one of such other Purchaser’s advised by you or your Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser you and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser you in this Agreement (other than in this Section 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaseryou. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser you all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, wherever the word “you” is used and any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), ) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaseryou, and such original Purchaser you shall again have all the rights of an original holder of the Notes under this Agreement, as the case may be.

Appears in 1 contract

Sources: Note Purchase Agreement (PQ Group Holdings Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), ) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a "Purchaser" in this Agreement (other than in this Section 21), ) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (DPL Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes of any Series that it such Purchaser has agreed to purchase hereunderpurchase, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original PurchaserPurchaser with respect to the Notes of the Series so purchased by such Affiliate. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Shelf Note Purchase Agreement (New Jersey Resources Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Such substituted purchaser shall provide to the Company in such notice of transfer information reasonably requested by the Company in order to facilitate delivery of notices to such substituted purchaser, including wire transfer information similar to the information provided by you in Schedule A. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Equifax Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to Federated Hermes, Inc. Note Purchase Agreement refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Federated Hermes, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by prior written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Barings Capital Investment Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company Parent Issuer of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase and Guaranty Agreement (Teledyne Technologies Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s -34- ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ MLP Investment Company Note Purchase Agreement agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations representations, warranties and acknowledgments set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), ) shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), ) shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Black Hills Corp /Sd/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), 22) shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), 22) shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note and Guarantee Agreement (Kilroy Realty Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s 's Affiliates (a "Substitute Purchaser") as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute ​ ​ ​ ​ ​ Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a "Purchaser" in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Marcus Corp)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its such Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "PURCHASER" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” wherever the word "PURCHASER" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Schawk Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.. South Jersey Industries, Inc. Note Purchase Agreement

Appears in 1 contract

Sources: Note Purchase Agreement (South Jersey Industries Inc)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its the Purchaser's Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunderNotes, by written notice to American Water Works and the Company, which notice shall be signed by both such the Purchaser and such Substitute the Purchaser's Affiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6; provided that such notice shall also contain the agreement of the Purchaser to unconditionally and irrevocably guarantee the obligations of the Purchaser's Affiliate under this Agreement. Upon receipt of such notice, any reference to such Purchaser wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original the Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original the Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by American Water Works and the Company of notice of such transfer, any reference to such Substitute Purchaser as a “wherever the word "Purchaser" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original the Purchaser, and such original the Purchaser shall again have all the rights of an original holder of the Notes under this Agreement. Section 22.

Appears in 1 contract

Sources: Note Purchase Agreement (American Water Works Co Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the CompanyIssuer, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Issuer of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” is used in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (El Paso Electric Co /Tx/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes Bonds that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes Bonds then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes Bonds under this Agreement.Agreement and the other Bond Documents. AmericasActive:13331674.6 AmericasActive:15549684.1

Appears in 1 contract

Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon Global Water Resources, Inc. Note Purchase Agreement receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Global Water Resources, Inc.)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) in the financial service industry as the purchaser of the Notes that it has agreed to purchase hereunder, Tranche A1 Shares by written notice to the Company, which notice shall be signed by both such the Purchaser and such Substitute PurchaserAffiliate and delivered to the Company at least three Business Days prior to the Closing, and shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations and warranties set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such the original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser the purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such the original Purchaser all of the Notes Tranche A1 Shares then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall again have all the rights of an original holder of the Notes Tranche A1 Shares under this Agreement.

Appears in 1 contract

Sources: Securities Purchase Agreement (Chindex International Inc)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such the Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such the Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such the original Purchaser. In the event that such Substitute Purchaser is so substituted as a the Purchaser hereunder and such Substitute Purchaser thereafter transfers to such the original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such the original Purchaser, and such the original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Gas Natural Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to American Assets Trust, L.P. Note Purchase Agreement such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (American Assets Trust, L.P.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 66 (Representations of the Purchasers). Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Ormat Technologies, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), STERIS CORPORATION NOTE PURCHASE AGREEMENT shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (STERIS PLC)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, the Registrar and the Paying Agent, if any, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company Company, the Registrar and the Paying Agent, if any, of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (CF Industries Holdings, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunderhereunder or under a Supplement, by written notice to the Company, which notice shall be signed by both such Purchaser or Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute Purchaser’s Affiliate's agreement to be bound by this Agreement or such Supplement, as the case may be, and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or Additional Purchaser in this Agreement (other than in this Section 21), ) or such Supplement shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 21)) or such Supplement, shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this AgreementAgreement or such Supplement, as the case may be.

Appears in 1 contract

Sources: Note Purchase Agreement (Mettler Toledo International Inc/)

SUBSTITUTION OF PURCHASER. Each Purchaser You shall have the right to substitute any one of its Affiliates your affiliates or another Purchaser or any one of such other Purchaser’s Affiliates subsidiaries (a “Substitute "Permitted Purchaser") as the purchaser of the Notes that it has you have agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser you and such Substitute Permitted Purchaser, shall contain such Substitute Permitted Purchaser’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Permitted Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Permitted Purchaser in lieu of such original Purchaseryou. In the event that such Substitute Permitted Purchaser is so substituted as a Purchaser purchaser hereunder and such Substitute Permitted Purchaser thereafter transfers to such original Purchaser you all of the Notes then held by such Substitute Permitted Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” wherever the word "you" is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute Permitted Purchaser, but shall refer to such original Purchaseryou, and such original Purchaser you shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Performance Food Group Co)

SUBSTITUTION OF PURCHASER. Each The Purchaser shall have the right to substitute any one of its Affiliates in the financial service industry excluding One Equity Partners or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) companies invested in by One Equity Partners as the purchaser of the Tranche A Shares and the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such the Purchaser and such Substitute PurchaserAffiliate and delivered to the Company at least three Business Days prior to the Closing, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations and warranties set forth in Section 67. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such the original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser the purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such the original Purchaser all of the Tranche A Shares and the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 2111), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such the original Purchaser, and such the original Purchaser shall again have all the rights of an original holder of the Tranche A Shares and the Notes under this Agreement.

Appears in 1 contract

Sources: Securities Purchase Agreement (Chindex International Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Roanoke Gas Company Note Purchase Agreement Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (RGC Resources Inc)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser’s Affiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser wherever the word “Purchaser” is used in this Agreement (other than in this Section 2122), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” is used in this Agreement (other than in this Section 2122), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Helen of Troy LTD)

SUBSTITUTION OF PURCHASER. Each Purchaser and each Additional Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser or such Additional Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser or such Additional Purchaser in this Agreement (other than in this Section 2122), shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser or such original Additional Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser or an Additional Purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser or such original Additional Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser Affiliate as a “Purchaser” or an “Additional Purchaser” in this Agreement (other than in this Section 2122), shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser or such original Additional Purchaser, and such original Purchaser or such original Additional Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Master Note Purchase Agreement (Waste Connections, Inc.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute Purchaser, shall contain such Substitute Purchaser’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference to such Purchaser in this Agreement (other than in this Section 21), shall be deemed to refer to such Substitute Purchaser in lieu of such original Purchaser. In the event that such Substitute Purchaser is so substituted as a Purchaser hereunder and such Substitute Purchaser thereafter transfers to such original Purchaser all of the Notes then held by such Substitute Purchaser, upon receipt by the Company of notice of ▇▇▇▇▇▇ REALTY, L.P. NOTE PURCHASE AGREEMENT such transfer, any reference to such Substitute Purchaser as a “Purchaser” in this Agreement (other than in this Section 21), shall no longer be deemed to refer to such Substitute Purchaser, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Kilroy Realty, L.P.)

SUBSTITUTION OF PURCHASER. Each Purchaser shall have the right to substitute any one of its Affiliates or another Purchaser or any one of such other Purchaser’s Affiliates (a “Substitute Purchaser”) as the purchaser of the Notes that it such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both such Purchaser and such Substitute PurchaserAffiliate, shall contain such Substitute PurchaserAffiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Substitute Purchaser Affiliate of the accuracy with respect to it of the representations set forth in Section 6. Upon receipt of such notice, any reference wherever the word “Purchaser” (or a pronoun referring to such Purchaser a Purchaser) is used in this Agreement (other than in this Section 21), such word shall be deemed to refer to such Substitute Purchaser Affiliate in lieu of such original Purchaser. In the event that such Substitute Purchaser Affiliate is so substituted as a Purchaser purchaser hereunder and such Substitute Purchaser Affiliate thereafter transfers to such original Purchaser all of the Notes then held by such Substitute PurchaserAffiliate, upon receipt by the Company of notice of such transfer, any reference to such Substitute Purchaser as a wherever the word “Purchaser” (or a pronoun referring to a Purchaser) is used in this Agreement (other than in this Section 21), such word shall no longer be deemed to refer to such Substitute PurchaserAffiliate, but shall refer to such original Purchaser, and such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Master Shelf Agreement (Mdu Resources Group Inc)