Common use of CERTAIN CONDITIONS OF THE OFFER Clause in Contracts

CERTAIN CONDITIONS OF THE OFFER. Purchaser in its sole discretion, for any reason, may terminate the offer by providing notice of termination as set forth in Section 5. The Purchaser will not be required to accept for payment or to pay for any Interests tendered, and may amend or terminate the Offer if: (i) the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the Interests, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after February 28, 1998 and that the Partnership will change Seller's address to Purchaser's address; (ii) the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to such condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion. The failure by the Purchaser at any time to exercise the foregoing rights will not be deemed a waiver of such rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time. Any determination by the Purchaser concerning the events described in this Section 13 will be final and binding upon all parties.

Appears in 1 contract

Samples: Offer to Purchase Interests (Arlen Capital Advisors LLC)

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CERTAIN CONDITIONS OF THE OFFER. Purchaser in its sole discretion, for any reason, may terminate the offer by providing notice of termination as set forth in Section 5. The Purchaser will not be required to accept for payment or to pay for any Interests tendered, and may amend or terminate the Offer if: (i) the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the Interests, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after February 28, 1998 and that the Partnership will change Seller's address to Purchaser's address;; or (ii) the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to such condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion. The failure by the Purchaser at any time to exercise the foregoing rights will not be deemed a waiver of such rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time. Any determination by the Purchaser concerning the events described in this Section 13 will be final and binding upon all parties.

Appears in 1 contract

Samples: Offer to Purchase Interests (Arlen Capital Advisors LLC)

CERTAIN CONDITIONS OF THE OFFER. Purchaser Purchaser, in its sole discretion, for any reason, may terminate the offer Offer by providing notice of termination as set forth in Section 55 of this Offer to Purchase. The Purchaser will not be required to accept for payment or to pay for any Interests Units tendered, and may amend or terminate the Offer if: (i) : - the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the InterestsUnits, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after February 28March 5, 1998 2001, and that the Partnership will change Seller's the address associated with the holder of the Units to Purchaser's address; (ii) ; - the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to such that condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion. The failure by the Purchaser at any time to exercise the foregoing these rights will not be deemed a waiver of such those rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time. Any determination by the Purchaser concerning the events described in this Section 13 15 will be final and binding upon all parties.

Appears in 1 contract

Samples: Offer to Purchase (Equity Resource Group Inc Et Al)

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CERTAIN CONDITIONS OF THE OFFER. Purchaser in its sole discretion, for any reason, may terminate the offer by providing notice of termination as set forth in Section 5. The Purchaser will not be required to accept for payment or to pay for any Interests Units tendered, and may amend or terminate the Offer if: (i) : o the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the InterestsUnits, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after February 28July 18, 1998 2001, and that the Partnership will change Seller's the address associated with the holder of the Units to Purchaser's address; (ii) ; o the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to such that condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretiondiscretion on or prior to the expiration of the offer. The failure by the Purchaser at any time on or prior to the expiration of the offer to exercise the foregoing these rights will not be deemed a waiver of such those rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to timetime on or prior to the expiration of the offer. Any determination by the Purchaser concerning the events described in this Section 13 15 will be final and binding upon all parties.

Appears in 1 contract

Samples: Offer to Purchase (Equity Resource Group Inc Et Al)

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