Delivery of Letter of Transmittal. This Letter of Transmittal is to be completed by the holder of Class B OP Units. A properly completed and duly executed Letter of Transmittal and any other documents required by this Letter of Transmittal must be received by the Class B Unit Agent. No alternative, conditional or contingent tenders will be accepted, except as permitted pursuant to the Exchange Rights Agreement.
Delivery of Letter of Transmittal. This Letter of Transmittal is to be completed by the holder of Operating Units. A properly completed and duly executed Letter of Transmittal and any other documents required by this Letter of Transmittal must be received by the Agent. No alternative, conditional or contingent tenders will be accepted.
Delivery of Letter of Transmittal. This Letter of Transmittal is to be completed by the holder of Starwood Units. A properly completed and duly executed Letter of Transmittal and any other documents required by this Letter of Transmittal must be received by the Agents. No alternative, conditional or contingent tenders will be accepted, except as permitted pursuant to the Units Exchange Rights Agreement.
Delivery of Letter of Transmittal. Each Preferred Stockholder covenants and agrees to deliver to the Company, no less than five (5) Business Days prior to the Closing Date, a duly executed letter of transmittal (substantially in the form of Exhibit F attached to the Merger Agreement) with respect to all of the capital stock of NF Investors owned by such Preferred Stockholder.
Delivery of Letter of Transmittal. At the time of mailing the Circular or as soon as practicable after the Effective Date, Glyko shall forward to each Glyko Common Shareholder at the address of such holder as it appears on the register maintained by or on behalf of Glyko in respect of the holders of Glyko Common Shares, a copy of the Letter of Transmittal and instructions for obtaining delivery of the BioMarin Common Stock issuable and payable to such holders pursuant to the Plan.
Delivery of Letter of Transmittal. As promptly as reasonably practicable after the Effective Time, to the extent not previously delivered, Acquirer shall cause the Paying Agent to mail to each holder of record of a certificate or certificates that evidenced outstanding shares of Company Capital Stock as of immediately prior to the Effective Time (the “Certificates”) or the Outstanding Warrants, in each case (i) a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates and the Outstanding Warrants shall pass, only upon proper delivery of the Certificates and/or the Outstanding Warrants to the Paying Agent, and shall be in such form and have such other provisions as Acquirer may reasonably specify and agree to release the Company and the Surviving Corporation from any claims, rights, Liabilities and causes of action whatsoever based upon, relating to or arising out of the Certificates, the Outstanding Warrants, the Merger and/or the Transactions) (the “Letter of Transmittal”) and (ii) instructions for use in effecting the surrender of the Certificates and the Outstanding Warrants in exchange for payment therefor.
Delivery of Letter of Transmittal. A properly completed and duly executed (1) Letter of Transmittal, (2) IRS Form W-9 or IRS Form W-8, as applicable, (3) Accredited Investor Questionnaire and (4) Bad Actor Certificate must be delivered to the Exchange Agent at its address set forth on the cover of this Letter of Transmittal.
Delivery of Letter of Transmittal. A properly completed and duly executed Letter of Transmittal with any required signature guarantees and any other documents required by this Letter of Transmittal should be mailed or delivered to the Administrator at the appropriate address set forth herein and must be received by the Administrator prior to 12:00 midnight Eastern time on November 1, 2010. Letters of Transmittal should NOT be sent or delivered to the Fund. Delivery will be deemed made only when actually received by the Administrator. If delivery is by mail, registered mail with return receipt requested, properly insured, is recommended. Investors have the responsibility to cause the Letter of Transmittal and any other documents required by this Letter of Transmittal to be delivered in accordance with the Repurchase Offer. The method of delivery of this Letter of Transmittal and all other required documents is at the option and sole risk of the Investor presenting Units for repurchase. In all cases, sufficient time should be allowed to ensure timely delivery. The Letter of Transmittal should be sent to the Administrator BY NOVEMBER 1, 2010 at the following addresses: Pinnacle Fund Administration, LLC Attn: Xxxxx Xxxxx 0000 Xxxxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Charlotte, NC 28226 PH: 000-000-0000 FX: 000-000-0000 The Fund will not accept any alternative, conditional or contingent repurchase requests.
Delivery of Letter of Transmittal. The properly completed and duly executed Letter of Transmittal and any other documents required by this Letter of Transmittal, including the Surrendered Certificate(s) must be received by Payment Agent for delivery to be effected and the appropriate person to be entitled to receive the consideration set forth in the Merger Agreement. Notwithstanding any other provisions hereof, Payment will be delivered in exchange for Surrendered Certificate(s) only after receipt by Payment Agent of a properly completed and duly executed Letter of Transmittal and all other required documents, including the Surrendered Certificate(s). All questions as to validity, form and eligibility of any surrender of the Surrendered Securities hereunder or delivery by the holder(s) of this Letter of Transmittal shall be determined by Payment Agent and Parent. Parent reserves the absolute right to reject any Surrendered Certificate or Letter of Transmittal not in proper form or the acceptance of which may, in the judgment of counsel for Parent, be unlawful. Parent also reserves the absolute right to waive any defect or irregularity in the surrender of any Surrendered Certificate or delivery of any Letter of Transmittal, and its interpretations of other terms and conditions of the Merger Agreement and this Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding. Neither Parent (nor any of its affiliates) nor any other person will be under any duty to give notice of any defects or irregularities in any Letter of Transmittal or Surrendered Certificate nor will such parties incur any liability for failure to give any notice to any person (even if such notice is given to other persons).
Delivery of Letter of Transmittal. The properly completed and duly executed Letter of Transmittal and any other documents required by this Letter of Transmittal, including the original Warrant must be received by Payment Agent for delivery to be effected and the appropriate person to be entitled to receive the consideration set forth in the Merger Agreement. Notwithstanding any other provisions hereof, Payment will be delivered in exchange for the Warrant only after receipt by Payment Agent of a properly completed and duly executed Letter of Transmittal and all other required documents. All questions as to validity, form and eligibility of the surrender of the Warrant hereunder or delivery by the holder(s) of this Letter of Transmittal shall be determined by Payment Agent and Parent. The method of delivery of the Letter of Transmittal and all other required documents, including the Warrant, is at the election of the surrendering holder(s), but risk of loss and title to the Warrant will pass only upon delivery of the Warrant to Payment Agent. If delivery is by mail, registered mail with return receipt requested, properly insured, is recommended.
