Improper Deposits Clause Samples
Improper Deposits. 4.1 If the name of a member of the Investment Dealers Association of Canada or recognized Canadian stock exchange is indicated on a Notice of Guaranteed Delivery or on a Letter of Transmittal for a deposit which has been judged improper, you will make reasonable efforts to contact such member with a view to obtaining a proper deposit.
4.2 If a Notice of Guaranteed Delivery or Letter of Transmittal or other required document has been improperly completed or signed, or the certificates representing Subject Shares accompanying a Letter of Transmittal are not in proper form for transfer to us, or some other irregularity in connection with a deposit exists, you will make reasonable efforts to contact such holder of Subject Shares to cause such irregularity to be corrected.
4.3 If reasonable efforts to correct an improper deposit prove to be unsuccessful, you will return, as soon as reasonably practicable after the Expiry Date to the depositing holder of Subject Shares, the certificates representing Subject Shares which are the subject of an improper deposit.
4.4 If you have any doubt whether any Subject Shares have been properly deposited under the Offer, you will seek the advice of our counsel, Osler, ▇▇▇▇▇▇ & Harcourt LLP, as to the acceptability of the deposit. You will reject any such deposit if, in the opinion of our counsel, the deposit has been made improperly and you will take the necessary corrective action as specified in this Section 4.
4.5 Notwithstanding the foregoing paragraphs, the Company shall have full discretion to determine whether any tender is complete and proper and the Company has the absolute right to determine whether to accept or reject any or all tenders not in proper form.
Improper Deposits. 4.1 If a Letter of Transmittal or Notice of Guaranteed Delivery or other required document has been improperly completed or signed, or the certificates representing Cognicase Shares accompanying a Letter of Transmittal are not in proper form for transfer to us, or some other irregularity in connection with a deposit exists, you will make reasonable efforts to contact such holder of Cognicase Shares to cause such irregularity to be corrected.
4.2 If you have any doubt whether any Cognicase Shares have been properly deposited under the Offer, you will seek the advice of our legal counsel as to the acceptability of the deposit. If reasonable efforts to correct an improper deposit prove to be unsuccessful, you will seek the advice of our legal counsel with respect to the procedures to be followed. You will reject any deposit if, in the opinion of our legal counsel, the deposit has been made improperly and you will take such action as directed to by our legal counsel.
4.3 Notwithstanding the foregoing Subsections, the Company shall have full discretion to determine whether any type of tender is complete and proper and the Company has the absolute right to determine whether to accept or reject any category of tender not in proper form.
Improper Deposits. 3.1 If a Letter of Transmittal or other required document has been improperly completed or signed, or the certificate(s) representing Shares accompanying a Letter of Transmittal are not in proper form for deposit, or some other irregularity in connection with a deposit exists, Computershare will make reasonable efforts to contact such holder of Shares to cause such irregularity to be corrected.
3.2 If Computershare has any doubt whether any Shares have been properly deposited under the Arrangement, Computershare will seek the advice of the Acquiror’s legal counsel as to the acceptability of the deposit, with a copy of the Computershare’s request for advice to the parties listed under Section 7. If reasonable efforts to correct an improper deposit prove to be unsuccessful, Computershare will seek the advice of such legal counsel with respect to the procedures to be followed. Computershare will reject any deposit if, in the opinion of the Acquiror’s legal counsel, the deposit has been made improperly and Computershare will take such action as directed to by such legal counsel.
Improper Deposits. 3.1 If a Letter of Transmittal or other required document has been improperly completed or signed, or the certificate(s) representing MedReleaf Shares accompanying a Letter of Transmittal are not in proper form for deposit under the Arrangement, or some other irregularity in connection with a deposit exists, Computershare will make reasonable efforts to contact such holder of MedReleaf Shares to cause such irregularity to be corrected.
3.2 If Computershare has any doubt whether any MedReleaf Shares have been properly deposited under the Arrangement, Computershare will seek the advice of Aurora’s legal counsel, ▇▇▇▇▇▇▇▇ LLP, as to the acceptability of the deposit. If reasonable efforts to correct an improper deposit prove to be unsuccessful, Computershare will seek the advice of such legal counsel with respect to the procedures to be followed. Computershare will reject any deposit if, in the opinion of Aurora’s legal counsel, ▇▇▇▇▇▇▇▇ LLP, the deposit has been made improperly and Computershare will take such action as directed to by such legal counsel.
3.3 Notwithstanding any other provision of this Agreement, in the case of the loss, theft or destruction of a certificate for MedReleaf Shares, the holder of such certificate must deliver to Aurora and Computershare (a) evidence satisfactory to Aurora and Computershare of the loss, theft or destruction of such certificate and (b) an indemnity bond satisfactory to Aurora and Computershare, before such MedReleaf Shares will be considered properly deposited under the Arrangement.
3.4 Subject to Section 3.3 above, Aurora will have full discretion to determine whether any type of deposit is complete and proper and Aurora has the absolute right to determine whether to accept or reject any category of deposit not in proper form.