Common use of Irregularities Clause in Contracts

Irregularities. Xxxxxx Xxxxxxx Ltd. will determine, in its sole discretion, all questions as to the form, validity, eligibility (including time of receipt) and acceptance for exchange of any tender of Xxxxxxx Bonds, which determination shall be final and binding. Xxxxxx Xxxxxxx Ltd. reserves the absolute right to reject any and all tenders of any particular Xxxxxxx Bonds not properly tendered or to not accept any particular Xxxxxxx Bonds which acceptance might, in the judgment of Xxxxxx Xxxxxxx Ltd. or its counsel, be unlawful. Xxxxxx Xxxxxxx Ltd. also reserves the absolute right, in its sole discretion, to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Xxxxxxx Bonds either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Xxxxxxx Bonds in the Exchange Offer). The interpretation of the terms and conditions of the Exchange Offer as to any particular Xxxxxxx Bonds either before or after the Expiration Date (including the Letter of Transmittal and the instructions thereto) by Xxxxxx Xxxxxxx Ltd. shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with the tender of Xxxxxxx Bonds for exchange must be cured within such reasonable period of time as Xxxxxx Xxxxxxx Ltd. shall determine. Neither Xxxxxx Xxxxxxx Ltd., the Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Xxxxxxx Bonds for exchange, nor shall any of them incur any liability for failure to give such notification.

Irregularities. Xxxxxx Xxxxxxx Ltd. will determine, in its sole discretion, all questions as to the form, validity, eligibility (including time of receipt) and acceptance for exchange of any tender of Xxxxxxx Bonds, which determination shall be final and binding. Xxxxxx Xxxxxxx Ltd. reserves the absolute right to reject any and all tenders of any particular Xxxxxxx Bonds not properly tendered or to not accept any particular Xxxxxxx Bonds which acceptance might, in the judgment of Xxxxxx Xxxxxxx Ltd. or its counsel, be unlawful. Xxxxxx Xxxxxxx Ltd. also reserves the absolute right, in its sole discretion, to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Xxxxxxx Bonds either before or after the Expiration Date expiration date (including the right to waive the ineligibility of any holder who seeks to tender Xxxxxxx Bonds in the Exchange Offer). The interpretation of the terms and conditions of the Exchange Offer as to any particular Xxxxxxx Bonds either before or after the Expiration Date expiration date (including the Letter of Transmittal and the instructions thereto) by Xxxxxx Xxxxxxx Ltd. shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with the tender of Xxxxxxx Bonds for exchange must be cured within such reasonable period of time as Xxxxxx Xxxxxxx Ltd. shall determine. Neither Xxxxxx Xxxxxxx Ltd., the Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Xxxxxxx Bonds for exchange, nor shall any of them incur any liability for failure to give such notification.