Common use of Procedure for Deficient Items Clause in Contracts

Procedure for Deficient Items. Xxxxx Fargo shall examine the Rights Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Xxxxx Fargo determines that any Rights Certificate does not appear to have been properly completed or executed, or where any Rights Certificate does not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Xxxxx Fargo shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Xxxxx Fargo is not authorized to waive any irregularity in connection with the Subscription, unless Xxxxx Fargo shall have received from the Company instructions given by an authorized officer of the Company, that any irregularity in such Rights Certificate has been cured or waived and that such Subscription has been accepted by the Company. If any such irregularity is neither corrected nor waived, Xxxxx Fargo will return to the subscribing rights holder (at its option by either first class mail under a blanket surety bond or insurance protecting Xxxxx Fargo and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Rights Certificates or by registered mail insured separately for the value of such Rights Certificates) to such rights holder’s address as set forth in the Subscription any Rights Certificates surrendered in connection therewith and any other documents received with such Rights Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Rights Certificates and other documents.

Procedure for Deficient Items. Xxxxx Fargo Continental shall examine the Rights Certificates and Warrant Certificates received by it as Subscription and Warrant Agent to ascertain whether they appear to have been properly completed and executed. In the event Xxxxx Fargo Continental determines that any Rights Certificate or Warrant Certificate does not appear to have been properly completed or executed, or where any Rights Certificate does or Warrant Certificate do not appear to be in proper form for SubscriptionSubscription or Exercise, or any other irregularity in connection with the Subscription or Exercise appears to exist, Xxxxx Fargo Continental shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Xxxxx Fargo Continental is not authorized to waive any irregularity in connection with the Subscriptionany Subscription or Exercise, unless Xxxxx Fargo Continental shall have received from the Company instructions given the Rights Certificate or Warrant Certificate which was delivered and about which such irregularity is alleged, duly dated and signed by an authorized officer of the Company, Company and indicating that any such irregularity in such Rights Certificate or Warrant Certificate has been cured or waived and that such Subscription Rights Certificate or Warrant Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Xxxxx Fargo Continental will return to the subscribing rights stockholder or to the Exercising Warrant holder (at its option by either first class mail under a blanket surety bond or insurance protecting Xxxxx Fargo Continental and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of Rights Certificates or Warrant Certificates or by registered mail insured separately for the value of such Rights CertificatesCertificate or Warrant Certificate) to such rights holder’s address as set forth in the Subscription any such Rights Certificates Certificate or Warrant Certificate surrendered in connection therewith and any other documents received with such Rights Certificate or Warrant Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Rights Certificate or Warrant Certificates and other documents.

Procedure for Deficient Items. Xxxxx Fargo The Agent shall examine the Rights Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Xxxxx Fargo the Agent determines that any Rights Certificate does not appear to have been properly completed or executed, or where any Rights Certificate does the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Xxxxx Fargo the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Xxxxx Fargo The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Xxxxx Fargo the Agent shall have received from the Company instructions given the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Rights Certificate has been cured or waived and that such Subscription Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Xxxxx Fargo the Agent will return to the subscribing rights holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Xxxxx Fargo the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of Rights Certificates or by registered mail insured separately for the value of such Rights Certificates) to such rights holdershareholder’s address as set forth in the Subscription any Rights Certificates surrendered in connection therewith and any other documents received with such Rights Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Rights Certificates and other documents, and will return any monies, without interest, which were held for such shareholder in respect of the deficient Subscription as promptly as practicable thereafter. Similar procedures shall be utilized by the Agent for deficient subscriptions in the Public Offering.

Procedure for Deficient Items. Xxxxx Fargo The Agent shall examine the Rights Certificates Certificate received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Xxxxx Fargo the Agent determines that any Rights Certificate does not appear to have been properly completed or executed, or where any the Rights Certificate does do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Xxxxx Fargo the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Xxxxx Fargo The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Xxxxx Fargo the Agent shall have received from the Company instructions given the Rights Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Rights Certificate has been cured or waived and that such Subscription Rights Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Xxxxx Fargo the Agent will return to the subscribing rights holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Xxxxx Fargo the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of Rights Certificates Certificate or by registered mail insured separately for the value of such Rights CertificatesCertificate ) to such rights holdershareholder’s address as set forth in the Subscription any Rights Certificates surrendered in connection therewith and any other documents received with such Rights Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Rights Certificates and other documents, and will return any monies, without interest, which were held for such shareholder in respect of the deficient Subscription as promptly as practicable thereafter.

Procedure for Deficient Items. Xxxxx Fargo Registrar and Transfer shall examine the Rights Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Xxxxx Fargo Registrar and Transfer determines that any Rights Certificate does not appear to have been properly completed or executed, or where any Rights Certificate does the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Xxxxx Fargo Registrar and Transfer shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Xxxxx Fargo Registrar and Transfer is not authorized to waive any irregularity in connection with the Subscription, unless Xxxxx Fargo Registrar and Transfer shall have received from the Company instructions given the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Rights Certificate has been cured or waived and that such Subscription Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Xxxxx Fargo Registrar and Transfer will return to the subscribing rights holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Xxxxx Fargo Registrar and Transfer and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Rights Certificates or by registered mail insured separately for the value of such Rights Certificates) to such rights holdershareholder’s address as set forth in the Subscription any Rights Certificates surrendered in connection therewith and any other documents received with such Rights Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Rights Certificates and other documents.

Procedure for Deficient Items. Xxxxx Fargo Mellon shall examine the Subscription Rights Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executedexecuted in accordance with the applicable Instructions for Use. In the event Xxxxx Fargo Mellon determines that any Subscription Rights Certificate does not appear to have been properly completed or executed, or where any the Subscription Rights Certificate does Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Xxxxx Fargo Mellon shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Xxxxx Fargo The Company shall have the absolute right to reject any defective exercise of rights or to waive any defect in exercise. Unless requested to do so by the Company, Mellon shall not be under any duty to give notification to holders of Subscription Rights Certificates of any defects or irregularities in the exercise of subscriptions. Mellon is not authorized to waive any irregularity in connection with the Subscription, unless Xxxxx Fargo Mellon shall have received from the Company instructions given the Subscription Rights Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Subscription Rights Certificate has been cured or waived and that such Subscription Rights Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Xxxxx Fargo Mellon will return to the subscribing rights holder stockholder (at its option by either first class mail under a blanket surety bond or insurance protecting Xxxxx Fargo Mellon and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Subscription Rights Certificates or by registered mail insured separately for the value of such Subscription Rights Certificates) to such rights holderstockholder’s address as set forth in the Subscription any Subscription Rights Certificates surrendered in connection therewith and any other documents received with such Subscription Rights Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Rights Certificates and other documents.