Common use of SUBSTITUTION OF PURCHASER Clause in Contracts

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 and warranties set forth in Section 8. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 13), 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 13), 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 Security & Surveillance Technology, Inc.)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its 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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used any reference to such Purchaser in this Agreement (other than in this Section 1321), 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 Obligors 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 1321), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the such original Purchaser, 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: Note Purchase Agreement (Belk Inc)

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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used any reference to such Purchaser in this Agreement (other than in this Section 1321), 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 1321), 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: Master Note Facility (Henry Schein Inc)

SUBSTITUTION OF PURCHASER. The Purchaser shall have the right to substitute nominate any one of its Affiliates as the purchaser of the NotesNote, by written notice to the CompanyIssuer, which notice shall be signed by both the 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 and warranties set forth in Section 86. Upon receipt of such noticenotice by the Issuer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1311), 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 submitted as a purchaser hereunder and such Affiliate thereafter transfers to the original Purchaser all of the Notes Note then held by such Affiliate, upon receipt by the Company Issuer of notice of such transfer, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1311), 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 Note under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (Sequoia Capital 2010 CGF Holdco, Ltd.)

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 Purchaser's 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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1321), 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 13)Agreement, 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

Sources: Note Purchase Agreement (Oil Dri Corporation of America)

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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1311), 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 1311), 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.

Appears in 1 contract

Sources: Notes Purchase Agreement (Fushi International Inc)

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 ’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 and warranties set forth in Section 87. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1312), 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 1312), 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 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 ’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 and warranties set forth in Section 86 hereof. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1311), 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 1311), 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 that it has agreed to purchase under this Agreement or 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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used any reference to such Purchaser in this Agreement (other than in this Section 1321), 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 1321), 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: Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc)

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 ’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 and warranties set forth in Section 8; provided that such Affiliate is 100% owned, directly or indirectly, by Trustbridge Partners Limited. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 13), 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 13), 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: Note Purchase Agreement (Yingli Green Energy Holding Co LTD)

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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1321), 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 1321), 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

Sources: Note Purchase Agreement (Hub International LTD)

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 ’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 and warranties set forth in Section 8ARTICLE 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 13ARTICLE 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 13ARTICLE 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 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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used any reference to such Purchaser in this Agreement (other than in this Section 1321), such word shall be ANNEX A-48 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 1321), 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 Holder of the Notes under this Agreement.

Appears in 1 contract

Sources: Note Purchase Agreement (InfraREIT, Inc.)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its 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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "PurchaserPURCHASER" is used in this Agreement (other than in this Section 1321), 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 "PurchaserPURCHASER" is used in this Agreement (other than in this Section 1321), 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

Sources: Master Shelf Agreement (Lennox International Inc)

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 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 and warranties set forth in Section 8paragraph 9. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 13paragraph 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 13paragraph 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.

Appears in 1 contract

Sources: Senior Notes Agreement (Plum Creek Timber Co Inc)

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 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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1311), 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 1311), 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

Sources: Purchase Agreement (Harbin Electric, Inc)

SUBSTITUTION OF PURCHASER. The Purchaser Purchasers shall have the right to substitute any one of its Affiliates as the purchaser of the NotesWarrant, by written notice to the Company, which notice shall be signed by both the Purchaser Purchasers 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 and warranties set forth in Section 8Sections 5 and 6. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1311), 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 Warrant 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 1311), 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 Securities under this Agreement.

Appears in 1 contract

Sources: Notes Repurchase and Warrant Purchase Agreement (China Security & Surveillance Technology, Inc.)

SUBSTITUTION OF PURCHASER. The Each Purchaser shall have the right to substitute any one of its 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 ’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 and warranties set forth in Section 8paragraph 10. Upon receipt of such notice, wherever the word "words “Purchasers” and “Purchaser" is used in this Agreement (other than in this Section 13), such word paragraph 12T) shall be deemed to refer to include 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 "words “Purchasers” and “Purchaser" is used in this Agreement (other than in this Section 13), such word paragraph 12T) 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

Sources: Senior Secured Note Agreement (ORBCOMM Inc.)

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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1321), 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 1321), such word shall no longer be deemed to refer to such Affiliate, but shall refer to the such 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: Multi Currency Note Purchase and Private Shelf Agreement (West Pharmaceutical Services Inc)

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 ’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 and warranties set forth in Section 86. Upon receipt of such notice, wherever the word "Purchaser" is used in this Agreement (other than in this Section 1322), 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 1322), 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)