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Requirements of Tenders Sample Clauses

Requirements of Tenders. A. Tenders of Old Notes shall be made only as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Old Notes that the Chairman, President, Chief Financial Officer, General Counsel or Chief Accounting Officer of Guarantor, authorized representatives of Issuer, shall approve as having been properly tendered shall be considered to be properly tendered. B. Exchange Agent shall (i) ensure that each Letter of Transmittal and the related Old Notes or a bond power are duly executed (with signatures guaranteed where required) by the appropriate parties in accordance with the terms of the Exchange Offer; (ii) in those instances where the person executing the Letter of Transmittal (as indicated on the Letter of Transmittal) is acting in a fiduciary or a representative capacity, ensure that proper evidence of his or her authority so to act is submitted; and (iii) in those instances where the Old Notes are tendered by persons other than the Holder of such Old Notes, ensure that customary transfer requirements, including any applicable transfer taxes, and the requirements imposed by the transfer restrictions on the Old Notes (including any applicable requirements for certifications, legal opinions or other information) are fulfilled.
Requirements of Tenders. Tenders of Outstanding Notes shall be made only as set forth in the Prospectus and the Letter of Transmittal, and Outstanding Notes shall be considered properly tendered only when the conditions set forth in subparagraphs: (i) a properly completed and duly executed Letter of Transmittal (or a manually signed facsimile thereof), with any required signature guarantee and any other required documents, are received by the Exchange Agent at the address set forth in the Letter of Transmittal and Outstanding Notes (in any integral multiple of $1,000) are received by the Exchange Agent at its address or by book-entry transfer through DTC's Automated Tender Offer Program into its account at or prior to the Expiration Date or (ii) a properly completed and duly executed Notice of Guaranteed Delivery substantially in the form provided by the Company (by facsimile transmission, mail, telegram, or hand delivery), with an appropriate guarantee of signature and delivery from an Eligible Guarantor Institution within the meaning of Rule 17 Ad-15 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), are received by the Exchange Agent at or prior to the Expiration Date and the Letter of Transmittal (or a facsimile thereof), together with the certificate(s) representing the Outstanding Notes in proper form for transfer or a book-entry confirmation through DTC's Automated Tender Offer Program, as the case may be, and any other required documents required by the Letters of Transmittal are received by the Exchange Agent within five (5) business days after the Expiration Date; and (b) the adequacy of the items relating to Outstanding Notes, and the Letters of Transmittal therefor and any Notice of Guaranteed Delivery and any other required documents has been favorably passed upon by the Company. Notwithstanding the provisions of the preceding subparagraph, Outstanding Notes that the Company otherwise shall approve as having been properly tendered shall be considered to be properly tendered for all purposes of the Exchange Offer.
Requirements of Tenders. A. Tenders of Restricted Securities shall be made only as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Restricted Securities that the Issuer's President, Chief Executive Officer, Vice President, Treasurer, Secretary, or any other person designated by the Issuer's President shall approve as having been properly tendered shall be considered to be properly tendered.
Requirements of Tenders. A. Tenders of Outstanding Notes shall be made only as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Outstanding Note that the Issuer's President, Chief Financial Officer or General Counsel (the "Authorized Representatives"), or any other person designated by the Issuer shall approve as having been properly tendered shall be considered to be properly tendered.
Requirements of Tenders. A. Tenders of Restricted Securities shall be made only as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Restricted Securities that the Issuer’s President, Chief Executive Officer, Vice President, Treasurer, Secretary, or any other person designated by the Issuer’s President shall approve as having been properly tendered shall be considered to be properly tendered. B. Exchange Agent shall (a) ensure that each Letter of Transmittal and the related Restricted Securities or a bond power are duly executed (with signatures guaranteed where required) by the appropriate parties in accordance with the terms of the Exchange Offer; (b) in those instances where the person executing the Letter of Transmittal (as indicated on the Letter of Transmittal) is acting in a fiduciary or a representative capacity, ensure that proper evidence of his or her authority so to act is submitted; and (c) in those instances where the Restricted Securities are tendered by persons other than the registered holder of such Restricted Securities, ensure that customary transfer requirements, including any applicable transfer taxes, and the requirements imposed by the transfer restrictions on the Restricted Securities (including any applicable requirements for certifications, legal opinions or other information) are fulfilled.
Requirements of Tenders. A. Tenders of Old Securities shall be made only as set forth in the section of the Prospectus captioned "The Exchange Offer - Procedures for Tendering" and in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Old Securities that the Chief Financial Officer or Treasurer of the Issuer shall approve orally, promptly confirmed in writing, or in writing as having been properly tendered shall be considered to be properly tendered. Exchange Agent shall advise the Issuer with respect to any Old Securities delivered subsequent to the Expiration Date and accept its instructions with respect to the disposition of such Old Securities.
Requirements of Tenders. A. Tenders of the Old Notes shall be made only as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Old Notes that the Chief Executive Officer or Chief Financial Officer of the Issuer shall approve as having been properly tendered shall be considered to be properly tendered. B. The Exchange Agent shall (a) ensure that each Letter of Transmittal and the related Old Notes or a bond power are duly executed (with signatures guaranteed where required) by the appropriate parties in accordance with the terms of the Exchange Offer; (b) in those instances where the person executing the Letter of Transmittal (as indicated on the Letter of Transmittal) is acting in a fiduciary or a representative capacity, ensure that proper evidence of his or her authority so to act is submitted; and (c) in those instances where the Old Notes are tendered by persons other than the registered holder of such Old Notes, ensure that customary transfer requirements, including any applicable transfer taxes, and the requirements imposed by the transfer restrictions on the Old Notes (including any applicable requirements for certifications, legal opinions or other information) are fulfilled.
Requirements of Tenders. Tenders of Original Notes shall be made only as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Original Notes that the Issuer’s President or Chief Financial Officer, or any other person designated by the Issuer’s President shall approve as having been properly tendered shall be considered to be properly tendered. A. Exchange Agent shall (a) ensure that each Letter of Transmittal and the related Original Notes or a bond power are duly executed (with signatures guaranteed where required) by the appropriate parties in accordance with the terms of the Exchange Offer; (b) in those instances where the person executing the Letter of Transmittal (as indicated on the Letter of Transmittal) is acting in a fiduciary or a representative capacity, ensure that proper evidence of his or her authority so to act is submitted; and (c) in those instances where the Original Notes are tendered by persons other than the registered holder of such Original Notes, ensure that customary transfer requirements, including any applicable transfer taxes, and the requirements imposed by the transfer restrictions on the Original Notes (including any applicable requirements for certifications, legal opinions or other information) are fulfilled.
Requirements of Tenders. A. Tenders of Restricted Securities shall be ----------------------- made only as set forth in the Letter of Transmittal and in the section of the Prospectus captioned "The Exchange Offer - Procedures for Tendering the Existing Bonds," and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Restricted Securities that the Issuer's General Manager, or any other person designated by the Issuer's Board of Managers shall approve as having been properly tendered shall be considered to be properly tendered (such approval, if given orally, shall be confirmed in writing).
Requirements of Tenders. A. Tenders of Old Securities shall be made only ----------------------- as set forth in the Letter of Transmittal, and shall be considered properly tendered only when tendered in accordance therewith. Notwithstanding the provisions of this paragraph, any Old Securities that any Administrative Trustee of the Trust or Designated Officer of the Company, shall approve as having been properly tendered shall be considered to be properly tendered.