Rights of Withdrawal Sample Clauses
Rights of Withdrawal. Tenders of Shares made pursuant to the Offer may be withdrawn at any time prior to the Expiration Date. After the Expiration Date (including any date to which the Offer is extended), all tenders made pursuant to the Offer are irrevocable. To be effective, a written notice of withdrawal must be timely received by the Subadministrator at its address set forth on the last page of this Offer to Purchase. Any notice of withdrawal must specify the name of the person who previously executed the particular Letter of Transmittal and the amount of Shares to be withdrawn, which must be all of the Shares tendered. All questions as to the form and validity, including time of receipt, of any notice of withdrawal will be determined by the Fund, in its sole discretion, which determination shall be final and binding. Neither the Fund, the Advisers, the Administrators, nor any other person shall be under any duty to give notification of any defects or irregularities in any notice of withdrawal nor shall any of the foregoing incur any liability for failure to give such notification. Any Shares properly withdrawn will be deemed not to have been validly tendered for purposes of the Offer. However, withdrawn Shares may be re-tendered by following the procedures described in Section 3 of this Offer to Purchase at any time prior to the Expiration Date. If the Fund is delayed in its acceptance for payment of Shares, or it is unable to accept for payment Shares tendered pursuant to the Offer, for any reason, then, without prejudice to the Fund's rights under this Offer, the Subadministrator may, on behalf of the Fund, retain tendered Shares, and such Shares may not be withdrawn except to the extent that tendering Shareholders are entitled to withdrawal rights as set forth in this Section 4.
Rights of Withdrawal. Until the Collection Date, neither the Borrower nor any Borrower Advisor shall have any rights of direction or withdrawal, with respect to amounts held in any Controlled Account, except to the extent explicitly set forth in Section 2.04 or Section 2.19.
Rights of Withdrawal. 13 5. Certain Federal Income Tax Consequences of the Offer ............................
Rights of Withdrawal. We will only accept requests to withdraw from an agreement to purchase if such requests are made in writing and within two (2) business days of receipt of the prospectus for the fund, or within 48 hours of the receipt of the confirmation of the purchase. The trade confirmation/prospectus will be deemed conclusively to have been received in the ordinary mail by you within five (5) days of the date it is mailed.
Rights of Withdrawal. 15.1 If this Agreement is not approved by the Court as submitted or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of the day preceding the date of this Agreement.
15.2 Merck shall have the right, but not the obligation, to withdraw from the settlement and terminate this Settlement Agreement if the number of Class Members who properly and timely exercise their right under this Agreement to exclude themselves from the Class or opt out exceeds 1,000 in accordance with Section 15.3 below.
15.3 In the event that Merck wishes to exercise its right to terminate the Settlement Agreement under this Section 15 because the number of the Class Members who excluded themselves from the Settlement Class is unsatisfactory, Merck must notify the other Party in writing, within seven (7) days after receipt of the Notice Agent's final report on the number and identity of those Class Members who excluded themselves from the Settlement Class, of Merck's intention to withdraw from the settlement and terminate this Agreement.
15.4 In the event that the Settlement is not approved, as submitted, does not reach the Effective Date, or otherwise is terminated pursuant to the terms of this Agreement, then the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement, including any order to certify the Class, will be vacated, nunc pro tunc, and the status of the litigation shall be as it was prior to the execution of the Agreement.
Rights of Withdrawal. 17.1 Within seven (7) Business Days after the Opt-Out Deadline, Class Counsel will provide Defense Counsel information sufficient to show whether the condition enumerated in Section 17.3 occurred (which, to the extent this information needs to be filed with the Court, the Parties shall request remain under seal). Such information must include a reasonable estimate or minimum number of total Settlement Class Members and the total number of Opt-Outs.
17.2 On the same date that Class Counsel provide Defense Counsel with the information identified in Section 17.1, Class Counsel shall also represent in good faith, in writing to counsel for Altria, whether the condition enumerated in Section 17.3 has occurred.
17.3 If, seven (7) Business Days after the Opt-Out Deadline, the following condition occurs, Altria, in consultation with Defense Counsel, may withdraw from and terminate this Altria Class Settlement Agreement, in which case this Altria Class Settlement Agreement shall be null and void and the status of the litigation shall be as it was prior to the execution of this Altria Class Settlement Agreement: total Opt-Outs from the Class Settlement exceeds a number agreed to by the Parties and set forth in Appendix A, which shall be filed under seal if permitted by the Court.
17.4 In the event that Altria, in consultation with Defense Counsel, wishes to exercise its right to terminate this Altria Class Settlement Agreement under this Section 177 because of inadequate participation under Section 17.3 above, Altria must notify the other Parties in writing, within seven (7) days after receipt of the information described in Sections 17.1-17.3 of this Altria Class Settlement Agreement.
17.5 In the event that this Altria Class Settlement Agreement is not approved as submitted, does not reach Final Approval, or otherwise is terminated pursuant to the terms herein, the Parties will be restored to their respective positions in the litigation as of the day preceding the date of this Altria Class Settlement Agreement; subject to Sections 6.2 and 6.3 above, the terms and provisions of this Altria Class Settlement Agreement will have no further force or effect with respect to the Parties; this Altria Class Settlement Agreement or any of its terms will not be used in this litigation or in any other proceeding for any purpose; and any judgment or order entered by the Court in accordance with the terms of this Altria Class Settlement Agreement, including any order to certify th...
Rights of Withdrawal. However, the Merger Agreement may be terminated by any party on and after August 29, 2003. Although Signal is required to file certain information and documentary material with the FTC and the Antitrust Division in connection with the Offer, neither Signal's failure to make such filings nor a request from the FTC or the Antitrust Division for additional information or documentary material made to Signal will extend the waiting period. The FTC and the Antitrust Division frequently scrutinize the legality under the antitrust laws of transactions such as the proposed acquisition of Shares by Purchaser pursuant to the Offer and the Merger. At any time before or after Purchaser's purchase of Shares, the Antitrust Division or the FTC could take such action under the antitrust laws as it deems necessary or desirable in the public interest, including seeking to enjoin the acquisition of Shares pursuant to the Offer or seeking divestiture of Shares acquired by Purchaser or the divestiture of substantial assets of Crane, Signal or any of their respective subsidiaries. Private parties (including individual states of the United States) may also bring legal action under the antitrust laws under certain circumstances. There can be no assurance that a challenge to the Offer on antitrust grounds will not be made or, if a challenge is made, what the result will be. See "Section 14--Certain Conditions of the Offer" for certain conditions to the Offer that could become applicable in the event of such a challenge. State Takeover Laws. A number of states have adopted laws and regulations that purport to be applicable to offers to acquire securities of corporations which are incorporated in those states, or that have substantial assets, stockholders, principal executive offices or principal places of business or whose business operations otherwise have substantial economic effects in, those states.
Rights of Withdrawal. We will only accept requests to withdraw from an agreement to purchase if such requests are made in
Rights of Withdrawal. Each Party is entitled to withdraw from this merger agreement with immediate effect if the Merger has not become effective by December 31, 2025. Withdrawal must be declared to the other Party by registered letter with acknowledgement of receipt and should be communicated in writing to the certifying notary and the register courts involved. The legal consequences of the withdrawal are governed by Sections 346 et seq. BGB.
Rights of Withdrawal. In any calendar year in which a transfer of property is made to this trust by any person, the Current Beneficiary, at such date, shall have the power, in his or her sole discretion, commencing with such date, to withdraw property then belonging to the principal of the trust (including the property then transferred into trust) having a value equal at the time of withdrawal to the value of such transferred property at the date of such transfer, but in no case exceeding Twenty Thousand Dollars ($20,000.00) per calendar year. Any power of withdrawal hereunder shall be noncumulative. The Trustee shall, promptly after the initial transfer into trust or after an addition is made in a later calendar year, notify in writing the person having a withdrawal power of the existence of the power, except that in the case of any such person who is under a legal disability, notification shall be given to his legal guardian; or if none, to a parent of an infant or to such other individual whom the Trustee shall deem appropriate Such person receiving notification from the Trustee shall have thirty (30) days after receiving such notification to exercise the power by a written instrument delivered to the Trustee, except that in the case of a person under a legal disability, his or her power may be exercised only by his or her legal guardian. An adult beneficiary, or a guardian, may after receiving such notice at least once, waive further notice by an instrument in writing delivered to the Trustee.