SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Notes, by written notice to the Company, which notice shall be signed by both the Purchaser and such Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 7. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 12), such word shall be deemed to refer to such Affiliate in lieu of the original Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 12), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original Purchaser, and the original Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Sources: Notes Purchase Agreement (China Shen Zhou Mining & Resources, Inc.)
SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its such Purchaser’s Affiliates as the purchaser of the NotesNotes that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both the such Purchaser and such Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 76. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1221), such word shall be deemed to refer to such Affiliate in lieu of the original such Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1221), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original such Purchaser, and the original such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both the such Purchaser and such its Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 76. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1222), such word shall be deemed to refer to such Affiliate in lieu of the original Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1222), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original Purchaser, and the original such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Sources: Note Purchase Agreement (Magellan Midstream Partners Lp)
SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes that it has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both the such Purchaser and such Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 7ARTICLE 5. Upon receipt of such notice, wherever the word “Purchaser” is used any reference to such Purchaser in this Agreement (other than in this Section 12ARTICLE 20), such word shall be deemed to refer to such Affiliate in lieu of the such original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to the such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word any reference to such Affiliate as a “Purchaser” is used in this Agreement (other than in this Section 12ARTICLE 20), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the such original Purchaser, and the such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
Sources: Uncommitted Master Shelf Agreement (Eagle Materials Inc)
SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Units or Convertible Notes, by written notice to the Company, which notice shall be signed by both the Purchaser and such Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 76 hereof. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1211), such word shall be deemed to refer to such Affiliate in lieu of the original Purchaserpurchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original Purchaser purchaser all of the Units or Convertible Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1211), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original Purchaserpurchaser, and the original Purchaser purchaser shall have all the rights of an original holder of the United or Convertible Notes under this Agreement.
Appears in 1 contract
Sources: Securities Purchase Agreement (Xinyuan Real Estate Co LTD)
SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes which such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both the such Purchaser and such Affiliate, shall contain such Affiliate’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 7paragraph 9. Upon receipt of such notice, wherever the word “"Purchaser” " is used in this Agreement (other than in this Section paragraph 12M), such word shall be deemed to refer to such Affiliate in lieu of the original such Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to the original such Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “"Purchaser” " is used in this Agreement (other than in this Section paragraph 12M), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original such Purchaser, and the original such Purchaser shall have all the rights of an original holder of the Notes under this Agreement.
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SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesUnits that such Purchaser has agreed to purchase hereunder, by written notice to the Company, which notice shall be signed by both the such Purchaser and such Affiliate, shall contain such Affiliate’s 's agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 76. Upon receipt of such notice, wherever the word “"Purchaser” " is used in this Agreement (other than in this Section 1211), such word shall be deemed to refer to such Affiliate in lieu of the original Purchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original Purchaser all of the Notes Securities then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “"Purchaser” " is used in this Agreement (other than in this Section 1211), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original Purchaser, and the original Purchaser shall have all the rights of an original holder of the Notes Securities under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the NotesNotes that it has agreed to purchase under any Confirmation of Acceptance, by written notice to the Company, which notice shall be signed by both the such Purchaser and such Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 76. Upon receipt of such notice, wherever the word “Purchaser” is used any reference to such Purchaser in this Agreement (other than in this Section 1221), such word shall be deemed to refer to such Affiliate in lieu of the such original Purchaser. In the event that such Affiliate is so substituted as a purchaser Purchaser hereunder and such Affiliate thereafter transfers to the such original Purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word any reference to such Affiliate as a “Purchaser” is used in this Agreement (other than in this Section 1221), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the such original Purchaser, and the such original Purchaser shall again have all the rights of an original holder of the Notes under this Agreement.
Appears in 1 contract
SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute any one of its Affiliates as the purchaser of the Notes, by written notice to the Company, which notice shall be signed by both the Purchaser and such Affiliate, shall contain such Affiliate’s agreement to be bound by this Agreement and shall contain a confirmation by such Affiliate of the accuracy with respect to it of the representations set forth in Section 76. Upon receipt of such notice, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1211), such word shall be deemed to refer to such Affiliate in lieu of the original Purchaserpurchaser. In the event that such Affiliate is so substituted as a purchaser hereunder and such Affiliate thereafter transfers to the original Purchaser purchaser all of the Notes then held by such Affiliate, upon receipt by the Company of notice of such transfer, wherever the word “Purchaser” is used in this Agreement (other than in this Section 1211), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the original Purchaserpurchaser, and the original Purchaser purchaser shall have all the rights of an original holder of the Notes under this Agreement.
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