Common use of EXTENSION OF TENDER PERIOD; TERMINATION; AMENDMENTS Clause in Contracts

EXTENSION OF TENDER PERIOD; TERMINATION; AMENDMENTS. Right to Extend, Amend or Terminate Offer . We expressly reserve the right, in our sole discretion and at anytime or from time to time, to extend the period of time during which the Offer is open by giving oral or written notice of the extension to the Depository and making a public announcement thereof or by mailing written notice to each shareholder. However, we have no current intent to extend the Offer. During any extension, all shares previously tendered will remain subject to the Offer, except to the extent that shares may be withdrawn as set forth in Section 3. We also expressly reserve the right, upon the occurrence of any of the conditions specified in Section 5 hereof to terminate the offer and not accept for payment any shares not previously accepted for payment or, subject to Rule 14e-1(c) under the Exchange Act which requires us either to pay the consideration offered or to return the shares tendered promptly after the termination or withdrawal of the Offer, to postpone payment for shares, by giving oral or written notice of such termination to the Depository and making a public announcement thereof. We also reserve the right, in our discretion, at any time, or from time to time, to amend the Offer in any respect. Any such extension, delay, termination, or amendment will be followed as promptly as practicable by public announcement thereof, such announcement in the case of an extension to be made no later than 9:00 a.m., Eastern Time, on the next business day after the previously scheduled Expiration Date. Amendments to the Offer may be effected by public announcement or by a subsequent mailing to the shareholders. Offerors shall have no obligation, except as otherwise required by applicable law, to publish, advertise or otherwise communicate any extension, termination or amendment, other than by making a public announcement or a subsequent mailing to all shareholders. Material changes to information previously provided to holders of the shares in this offer or in documents furnished subsequent thereto will be disseminated to holders of shares in compliance with Rule 14d-4(d) promulgated by the SEC under the Exchange Act. Material Changes to Offer. If we materially change the terms of the Offer or the information concerning the Offer, or if we waive a material condition of the Offer, we will extend the Offer to the extent required by applicable law. If we make a material change to the terms of the Offer, we will extend the Offer by at least ten business days from the time notice of the change is given.

EXTENSION OF TENDER PERIOD; TERMINATION; AMENDMENTS. Right to Extend, Amend or Terminate Offer . We The Offeror expressly reserve reserves the right, in our its sole discretion and at anytime any time or from time to time, to extend the period of time during which the Offer is open by giving oral or written notice of the such extension to the Depository and making a public announcement thereof or by mailing written notice to each shareholderPartnership. HoweverThere can be no assurance, we have no current intent however, that the Offeror will exercise its right to extend the Offer. During any such extension, all shares Units previously tendered will remain subject to the Offer, except to the extent that shares such Units may be withdrawn as set forth in Section 37. We The Offeror also expressly reserve reserves the right, upon the occurrence of any of the conditions specified in Section 5 hereof its sole discretion, (i) to terminate the offer Offer and not accept for payment any shares Units not previously theretofore accepted for payment or, subject to Rule 14e-1(c) under the Exchange Act Act, which requires us the Offeror either to pay the consideration offered or to return the shares Units tendered promptly after the termination or withdrawal of the Offer, to postpone payment for shares, Units upon the occurrence of any of the conditions specified in Section 9 hereof by giving oral or written notice of such termination to the Depository Partnership and making a public announcement thereof. We also reserve the right, in our discretion, thereof and (ii) at any time, time or from time to time, to amend the Offer in any respect. Any such extension, delay, termination, or amendment will Amendments to the Offer may be followed as promptly as practicable effected by public announcement. Without limiting the manner in which the Offeror may choose to make public announcement thereofof any termination or amendment, the Offeror shall have no obligation (except as otherwise required by applicable law) to publish, advertise or otherwise communicate any such announcement public announcement, other than by making a release to the Dow Xxxxx News Service, except in the case of an announcement of an extension of the Offer, in which case the Offeror shall have no obligation to publish, advertise or otherwise communicate such announcement other than by issuing a notice of such extension by press release or other public announcement, which notice shall be made issued no later than 9:00 a.m., Eastern TimePacific time, on the next business day after the previously scheduled Expiration Date. Amendments to the Offer may be effected by public announcement or by a subsequent mailing to the shareholders. Offerors shall have no obligation, except as otherwise required by applicable law, to publish, advertise or otherwise communicate any extension, termination or amendment, other than by making a public announcement or a subsequent mailing to all shareholders. Material changes to information previously provided to holders of the shares Limited Partners in this offer Offer or in documents furnished subsequent thereto will be disseminated to holders of shares Limited Partners in compliance with Rule 14d-4(d14d-6(d) promulgated by the SEC under the Exchange Act. Material Changes to Offer. If we the Offeror materially change changes the terms of the Offer or the information concerning the Offer, or if we waive it waives a material condition of the Offer, we the Offeror will extend the Offer to the extent required by applicable lawRules 14d-6(d) and Rule 14e-1(a) under the Exchange Act. If we make a Those rules require that the minimum period during which an offer must remain open following material change to changes in the terms of the Offeroffer or information concerning the offer (other than a change in price, we change in dealer's soliciting fee or change in percentage of securities sought) will extend depend on the facts and circumstances, including the relative materiality of such terms or information. In a published release, the Commission has stated that in its view, an offer should remain open for a minimum of five business days from the date that notice of such a material change is first published, sent or given. The Offer by will continue or be extended for at least ten business days from the time the Offeror publishes, sends or gives to holders of Units a notice that it will (a) increase or decrease the price it will pay for Units or (b) decrease the number of the change is givenUnits it seeks.