Common use of The Firm Notes Clause in Contracts

The Firm Notes. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company agrees to issue and sell to the Underwriters, and each Underwriter agrees, severally and not jointly, to purchase from the Company, at a purchase price of [97]% of the principal amount thereof (the "Purchase Price"), the Firm Notes in the respective principal amount of Firm Notes as hereinafter set forth. The obligation of each Underwriter to the Company shall be to purchase from the Company that aggregate principal amount of Firm Notes which is set forth opposite the name of such Underwriter set forth on Schedule A.

Appears in 2 contracts

Sources: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)