Common use of Notice of Withdrawal Clause in Contracts

Notice of Withdrawal. In accordance with the following conditions, Mellon will return to any person tendering Shares, in the manner described in Section 12 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, within the time period specified for withdrawal in the Offer to Purchase, at Mellon's address set forth on the back page of the Offer to Purchase. Any notice of withdrawal must specify the name of the person having deposited the Shares to be withdrawn, the number of Shares to be withdrawn and, if the certificates representing such Shares have been delivered or otherwise identified to Mellon, the name of the registered holder(s) of such Shares as set forth in such certificates. If the certificates have been delivered to Mellon, then prior to the release of such certificates the tendering stockholder must also submit the certificate number(s) shown on the particular certificates evidencing such Shares and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Mellon concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares so withdrawn shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date pursuant to Section 2 hereof.

Appears in 3 contracts

Samples: Depositary and Information Agent Agreement (Delaware Investments Global Dividend & Income Fund Inc), Depositary and Information Agent Agreement (Delaware Investments Dividend & Income Fund Inc), Agent Agreement (Delaware Investments Dividend & Income Fund Inc)

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Notice of Withdrawal. In accordance with the following conditions, Mellon will return to any person tendering Shares, in the manner described in Section 12 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, within the time period specified for withdrawal in the Offer to Purchase, at Mellon's ’s address or fax number set forth on the back page of the Offer to Purchase. Any notice of withdrawal must specify the name of the person having deposited the Shares to be withdrawn, the number of Shares to be withdrawn and, if the certificates representing such Shares have been delivered or otherwise identified to Mellon, the name of the registered holder(s) of such Shares as set forth in such certificates. If the certificates have been delivered to Mellon, then prior to the release of such certificates the tendering stockholder must also submit the certificate number(s) shown on the particular certificates evidencing such Shares and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Mellon concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares so withdrawn shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date pursuant to Section 2 hereof.

Appears in 2 contracts

Samples: And Information Agent Agreement (Delaware Investments Dividend & Income Fund Inc), And Information Agent Agreement (Delaware Investments Global Dividend & Income Fund Inc)

Notice of Withdrawal. In accordance with the following conditions, Mellon You will return to any person tendering Exchanging Shares, in the manner described in Section 12 10 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered Exchanged by such person but duly duty withdrawn pursuant to the Offer to Purchase. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, you within the time period specified for withdrawal in the Offer to Purchase, Purchase at Mellon's your address set forth on the back page of the Offer to Purchase. Any notice of withdrawal must specify the name of the person having deposited the Shares to be withdrawn, the number of Shares to be withdrawn and, if the certificates representing such Shares have been delivered or otherwise identified to Mellonyou, the name of the registered holder(s) of such Shares as set forth in such certificates. If the certificates have been delivered to Mellonyou, then prior to the release of such certificates the tendering Exchanging stockholder must also submit the certificate number(s) serial numbers shown on the particular certificates evidencing such Shares and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is You are authorized and directed to examine any notice of withdrawal to determine whether it believes you believe any such notice may be defective. In the event Mellon concludes you conclude that any such notice is defective it you shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its your regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares so withdrawn shall no longer be considered to be properly tendered exchanged unless such Shares are re-tendered Exchanged prior to the Expiration Date pursuant to Section 2 hereofthe Offer to Purchase.

Appears in 2 contracts

Samples: Exchange Agent Agreement (Trustco Bank Corp N Y), Exchange Agent Agreement (Trustco Bank Corp N Y)

Notice of Withdrawal. In accordance with the following conditions, Mellon You will return to any person tendering Shares, in the manner described in Section 12 10 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, you within the time period specified for withdrawal in the Offer to Purchase, Purchase at Mellon's your address set forth on the back page of the Offer to Purchase. Any notice of withdrawal must specify the name of the person having deposited the Shares to be withdrawn, the number of Shares to be withdrawn and, if the certificates representing such Shares have been delivered or otherwise identified to Mellonyou, the name of the registered holder(s) of such Shares as set forth in such certificates. If the certificates have been delivered to Mellonyou, then prior to the release of such certificates the tendering stockholder must also submit the certificate number(s) serial numbers shown on the particular certificates evidencing such Shares and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is You are authorized and directed to examine any notice of withdrawal to determine whether it believes you believe any such notice may be defective. In the event Mellon concludes you conclude that any such notice is defective it you shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its your regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares so withdrawn shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date pursuant to Section 2 hereofthe Offer to Purchase.

Appears in 2 contracts

Samples: Depositary Agreement (Delaware Group Dividend & Income Fund Inc), Depositary Agreement (Delaware Group Global Dividend & Income Fund Inc)

Notice of Withdrawal. In accordance with the following conditions, Mellon will return to any person tendering Shares, in the manner described in Section 12 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, within the time period specified for withdrawal in the Offer to Purchase, at Mellon's ’s address set forth on the back page of the Offer to Purchase. Any notice of withdrawal must specify the name of the person having deposited the Shares to be withdrawn, the number of Shares to be withdrawn and, if the certificates representing such Shares have been delivered or otherwise identified to Mellon, the name of the registered holder(s) of such Shares as set forth in such certificates. If the certificates have been delivered to Mellon, then prior to the release of such certificates the tendering stockholder must also submit the certificate number(s) shown on the particular certificates evidencing such Shares and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Mellon concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares so withdrawn shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date pursuant to Section 2 hereof.

Appears in 1 contract

Samples: Depositary and Information Agent Agreement (Delaware Investments Dividend & Income Fund Inc)

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Notice of Withdrawal. In accordance with the following conditions, Mellon You will return to any person tendering SharesExchanging Notes, in the manner described in Section 12 10 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered Notes Exchanged by such person but duly withdrawn pursuant to the Offer to PurchaseExchange. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, you within the time period specified for withdrawal in the Offer to Purchase, Exchange at Mellon's your address set forth on the back page of the Offer to PurchaseExchange. Any notice of withdrawal must specify the name of the person having deposited the Shares Notes to be withdrawn, the number of Shares Notes to be withdrawn and, if the certificates representing such Shares Notes have been delivered or otherwise identified to Mellonyou, the name of the registered holder(s) of such Shares Notes as set forth in such certificates. If the certificates have been delivered to Mellonyou, then prior to the release of such certificates the tendering stockholder Exchanging bondholder must also submit the certificate number(s) serial numbers shown on the particular certificates evidencing such Shares Notes and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is You are authorized and directed to examine any notice of withdrawal to determine whether it believes you believe any such notice may be defective. In the event Mellon concludes you conclude that any such notice is defective it you shall, after consultation with and on the instructions of the PurchaserCompany, use reasonable efforts in accordance with its your regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser Company in its sole discretion, whose determination shall be final and binding. Any Shares Notes so withdrawn shall no longer be considered to be properly tendered Exchanged unless such Shares Notes are re-tendered Exchanged prior to the Expiration Date pursuant to Section 2 hereofthe Offer to Exchange.

Appears in 1 contract

Samples: Exchange Agent and Information Agent Agreement (Service Corporation International)

Notice of Withdrawal. In accordance with the following conditions, Mellon will You are authorized and directed to return to any person tendering Shares, in the manner described in Section 12 hereofunder this Agreement, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, a written, telegraphic, telex or facsimile transmission notice of withdrawal must be received by Mellon, you within the time period specified for withdrawal in the Offer to Purchase, Purchase at Mellon's your address set forth on the back back-page of the Offer to Purchase. Any notice of withdrawal must specify the name of the person having deposited tendered the Shares to be withdrawn, the number of Shares to be withdrawn and, if the certificates representing such Shares have been delivered or otherwise identified to Mellonyou, the name of the registered holder(s) of such Shares as set forth in such certificates. If the certificates have been delivered to Mellonyou, then prior to the release of such certificates the tendering stockholder must also submit the certificate number(s) serial numbers shown on the particular certificates evidencing such Shares and the signature on the notice of withdrawal must be guaranteed by an Eligible Institution. Mellon is If Shares have been delivered pursuant to the procedure for book-entry transfer, any notice of withdrawal must also specify the name and number of the account at the Book-Entry Transfer Facility to be credited with the withdrawn Shares and otherwise comply with the Book-Entry Transfer Facility's procedures. You are authorized and directed to examine any notice of withdrawal to determine whether it believes you believe any such notice is defective. In the event you conclude that any such notice may be defective. In the event Mellon concludes that any such notice is defective it you shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its your regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares so withdrawn shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date pursuant to Section 2 hereofthe Offer to Purchase.

Appears in 1 contract

Samples: LaSalle Cover Company, LLC

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