Common use of Validity of Tenders Clause in Contracts

Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Old Notes tendered for exchange will be determined by Tri-Union in its sole discretion, which determination shall be final and binding. Tri-Union reserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Old Notes which acceptance might, in the judgment of Tri-Union or its counsel, be unlawful. Tri-Union also reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Old Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Old Notes in the Exchange Offer). Tri-Union's interpretation of the terms and conditions of the Exchange Offer as to any particular Old Notes either before or after the Expiration Date (including the Letter of Transmittal and the instructions thereto) shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with tenders of Old Notes for exchange must be cured within such reasonable period of time as Tri-Union shall determine. Neither Tri-Union, the Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Old Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Old Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Old Notes received by the Exchange Agent that are not properly tendered and as to which the defects or irregularities have not been cured or waived will be returned by the Exchange Agent to the tendering holders, unless otherwise provided in the Letter of Transmittal, as soon as practicable following the Expiration Date.

Appears in 1 contract

Samples: Tri Union Development Corp

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Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Old Outstanding Notes tendered for exchange will be determined by Tri-Union Xxxxxxx, in its sole discretion, which determination shall be final and binding. Tri-Union Xxxxxxx reserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Old Outstanding Notes which acceptance might, in the judgment of Tri-Union Xxxxxxx or its counsel, be unlawful. Tri-Union Xxxxxxx also reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Old Outstanding Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Old Outstanding Notes in the Exchange Offer). Tri-Union's Xxxxxxx'x interpretation of the terms and conditions of the Exchange Offer as to any particular Old Outstanding Notes either before or after the Expiration Date (including the Letter of Transmittal and the instructions thereto) shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with tenders of Old Outstanding Notes for exchange must be cured within such reasonable period of time as Tri-Union Xxxxxxx shall determine. Neither Tri-UnionXxxxxxx Xxxxxxx, the Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Old Outstanding Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Old Outstanding Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Old Outstanding Notes received by the Exchange Agent that are not properly tendered and as to which the defects or irregularities have not been cured or waived will be returned by the Exchange Agent to the tendering holders, unless otherwise provided in the Letter of Transmittal, as soon as practicable following the Expiration Date.

Appears in 1 contract

Samples: Se South Central Inc

Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Old Notes tendered for exchange will be determined by Tri-Union Piccadilly, in its sole discretion, which determination shall be final and binding. Tri-Union Piccadilly reserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Old Notes which acceptance might, in the judgment of Tri-Union Piccadilly or its counsel, be unlawful. Tri-Union Piccadilly also reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer Offers as to any particular Old Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Old Notes in the Exchange Offer). Tri-UnionPiccadilly's interpretation of the terms and conditions of the Exchange Offer as to any particular Old Notes either before or after the Expiration Date (including the Letter of Transmittal and the instructions thereto) shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with tenders of Old Notes for exchange must be cured within such reasonable period of time as Tri-Union Piccadilly shall determine. Neither Tri-UnionPiccadilly, the Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Old Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Old Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Old Notes received by the Exchange Agent that are not properly tendered and as to which the defects or irregularities have not been cured or waived will be returned by the Exchange Agent to the tendering holders, unless otherwise provided in the Letter of Transmittal, as soon as practicable following the Expiration Date.

Appears in 1 contract

Samples: Piccadilly Cafeterias Inc

Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Old Outstanding Notes tendered for exchange will be determined by Tri-Union in Stexxxx, xn its sole discretion, which determination shall be final and binding. Tri-Union reserves Stexxxx xxserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Old Outstanding Notes which acceptance might, in the judgment of Tri-Union or Stexxxx xx its counsel, be unlawful. Tri-Union also Stexxxx xxso reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Old Outstanding Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Old Outstanding Notes in the Exchange Offer). Tri-Union's interpretation Stexxxx'x xxterpretation of the terms and conditions of the Exchange Offer as to any particular Old Outstanding Notes either before or after the Expiration Date (including the Letter of Transmittal and the instructions thereto) shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with tenders of Old Outstanding Notes for exchange must be cured within such reasonable period of time as Tri-Union shall Stexxxx xxall determine. Neither Tri-UnionNeixxxx Xxxxxxx, the xhe Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Old Outstanding Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Old Outstanding Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Old Outstanding Notes received by the Exchange Agent that are not properly tendered and as to which the defects or irregularities have not been cured or waived will be returned by the Exchange Agent to the tendering holders, unless otherwise provided in the Letter of Transmittal, as soon as practicable following the Expiration Date.

Appears in 1 contract

Samples: Special Issuance Instructions Special Delivery Instructions (Klingel Carpenter Mortuary Inc)

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Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Old Notes tendered for exchange will be determined by Tri-Union and Tri-Union Operating, in its their sole discretion, which determination shall be final and binding. Tri-Union reserves and Tri-Union Operating reserve the absolute right to reject any or all tenders not properly tendered or to not accept any particular Old Notes which acceptance might, in the judgment of Tri-Union, Tri-Union Operating or its their counsel, be unlawful. Tri-Union and Tri-Union Operating also reserves reserve the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Old Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Old Notes in the Exchange Offer). Tri-Union's and Tri-Union Operating's interpretation of the terms and conditions of the Exchange Offer as to any particular Old Notes either before or after the Expiration Date (including the Letter of Transmittal and the instructions thereto) shall be final and binding on all parties. Unless waived, any defects or irregularities in connection with tenders of Old Notes for exchange must be cured within such reasonable period of time as Tri-Union and Tri-Union Operating shall determine. Neither Tri-Union, Tri-Union Operating, the Exchange Agent nor any other person shall be under any duty to give notification of any defect or irregularity with respect to any tender of Old Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Old Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Old Notes received by the Exchange Agent that are not properly tendered and as to which the defects or irregularities have not been cured or waived will be returned by the Exchange Agent to the tendering holders, unless otherwise provided in the Letter of Transmittal, as soon as practicable following the Expiration Date.

Appears in 1 contract

Samples: Tri Union Development Corp

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