Common use of Validity of Surrender, Irregularities Clause in Contracts

Validity of Surrender, Irregularities. All questions as to validity, form and eligibility of any surrender of Shares hereby will be determined by the Company (which may delegate power in whole or in part to the Paying Agent), and such determination shall be final and binding. The Company reserves the right to waive any irregularities or defects in the surrender of any Shares, and its interpretations of the terms and conditions of the Merger Agreement and of this Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding. A surrender will not be deemed to have been made until all irregularities have been cured or waived.

Appears in 4 contracts

Samples: Merger Agreement (Aptalis Holdings Inc.), Agreement and Plan of Merger (Imation Corp), Agreement and Plan of Merger (Imation Corp)

AutoNDA by SimpleDocs

Validity of Surrender, Irregularities. All questions as to validity, form and eligibility of any surrender of Shares Exchange Documentation hereby will be determined by the Company Buyer (which may delegate power in whole or in part to the Paying Agent), and such determination shall be final and binding. The Company Buyer reserves the right to waive any irregularities or defects in the surrender of any Shares, Exchange Documentation and its interpretations of the terms and conditions of the Merger Agreement and of this Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding. A surrender will not be deemed to have been made until all irregularities have been cured or waived. Parties entitled to payment may be contacted by Buyer or Paying Agent and requested to provide any missing or incomplete information.

Appears in 2 contracts

Samples: Merger Agreement (Aytu Bioscience, Inc), Merger Agreement (Aytu Bioscience, Inc)

Validity of Surrender, Irregularities. All questions as to validity, form and eligibility of any surrender of Shares hereby will be determined by the Company Buyer (which may delegate power in whole or in part to the Paying Agent), and such determination shall be final and binding. The Company Buyer reserves the right to waive any irregularities or defects in the surrender of any Shares, and its interpretations of the terms and conditions of the Merger Agreement and of this Payment Instruction Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding. A surrender will not be deemed to have been made until all irregularities have been cured or waived.

Appears in 1 contract

Samples: Merger Agreement (Thermo Fisher Scientific Inc.)

Validity of Surrender, Irregularities. All questions as to validity, form and eligibility of any surrender of Shares shares of Company Stock hereby will be determined by the Company (which may delegate power in whole or in part to the Paying Agent)Company, and such determination shall be final and binding. The Company reserves the right to waive any irregularities or defects in the surrender of any Sharesshares of Company Stock, and its their interpretations of the terms and conditions of the Merger Agreement and of this Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding. A surrender will not be deemed to have been made until all irregularities have been cured or waived.. ​

Appears in 1 contract

Samples: Merger Agreement (Ufp Industries Inc)

AutoNDA by SimpleDocs

Validity of Surrender, Irregularities. All questions as to validity, form and eligibility of any surrender of Shares hereby will be determined by the Company Acquiror (which may delegate power in whole or in part to the Paying Agent), and such determination shall be final and binding. The Company Acquiror reserves the right to waive any irregularities or defects in the surrender of any Shares, and its interpretations of the terms and conditions of the Merger Agreement and of this Payment Instruction Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding. A surrender will not be deemed to have been made until all irregularities have been cured or waived.

Appears in 1 contract

Samples: Merger Agreement (Akamai Technologies Inc)

Validity of Surrender, Irregularities. All questions as to validity, form and eligibility of any surrender of Shares hereby will be determined by the Company (which may delegate power Paying Agent and Buyer in whole or in part to the Paying Agent)their reasonable judgment, and such determination shall be final and binding, absent manifest error. The Company Buyer reserves the right to waive any irregularities or defects in the surrender of any Shares, and its interpretations of the terms and conditions of the Merger Stock Purchase Agreement and of this Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding, absent manifest error. A surrender will not be deemed to have been made until all irregularities have been cured or waived.

Appears in 1 contract

Samples: Stock Purchase Agreement (Penn National Gaming Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!