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 Outstanding Notes tendered for exchange will be determined by Xxxxxxx, in its sole discretion, which determination shall be final and binding. Xxxxxxx reserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Outstanding Notes which acceptance might, in the judgment of Xxxxxxx or its counsel, be unlawful. Xxxxxxx also reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Outstanding Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Outstanding Notes in the Exchange Offer). Xxxxxxx'x interpretation of the terms and conditions of the Exchange Offer as to any particular 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 Outstanding Notes for exchange must be cured within such reasonable period of time as Xxxxxxx shall determine. Xxxxxxx 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 Outstanding Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Outstanding Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any 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

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Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Outstanding Notes tendered for exchange will be determined by XxxxxxxStexxxx, in xn its sole discretion, which determination shall be final and binding. Xxxxxxx reserves Stexxxx xxserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Outstanding Notes which acceptance might, in the judgment of Xxxxxxx or Stexxxx xx its counsel, be unlawful. Xxxxxxx also Stexxxx xxso reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Outstanding Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Outstanding Notes in the Exchange Offer). Xxxxxxx'x interpretation Stexxxx'x xxterpretation of the terms and conditions of the Exchange Offer as to any particular 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 Outstanding Notes for exchange must be cured within such reasonable period of time as Xxxxxxx shall Stexxxx xxall determine. Xxxxxxx Neixxxx 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 Outstanding Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Outstanding Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any 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)

Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Outstanding Old Notes tendered for exchange will be determined by Xxxxxxx, Tri-Union in its sole discretion, which determination shall be final and binding. Xxxxxxx Tri-Union reserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Outstanding Old Notes which acceptance might, in the judgment of Xxxxxxx Tri-Union or its counsel, be unlawful. Xxxxxxx Tri-Union also reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer as to any particular Outstanding Old Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Outstanding Old Notes in the Exchange Offer). Xxxxxxx'x Tri-Union's interpretation of the terms and conditions of the Exchange Offer as to any particular Outstanding 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 Outstanding Old Notes for exchange must be cured within such reasonable period of time as Xxxxxxx Tri-Union shall determine. Xxxxxxx XxxxxxxNeither 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 Outstanding Old Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Outstanding Old Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Outstanding 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

Validity of Tenders. All questions as to the validity, form, eligibility (including time of receipt), acceptance and withdrawal of Outstanding Old Notes tendered for exchange will be determined by XxxxxxxTri-Union and Tri-Union Operating, in its their sole discretion, which determination shall be final and binding. Xxxxxxx reserves Tri-Union and Tri-Union Operating reserve the absolute right to reject any or all tenders not properly tendered or to not accept any particular Outstanding Old Notes which acceptance might, in the judgment of Xxxxxxx Tri-Union, Tri-Union Operating or its their counsel, be unlawful. Xxxxxxx 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 Outstanding Old Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Outstanding Old Notes in the Exchange Offer). Xxxxxxx'x Tri-Union's and Tri-Union Operating's interpretation of the terms and conditions of the Exchange Offer as to any particular Outstanding 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 Outstanding Old Notes for exchange must be cured within such reasonable period of time as Xxxxxxx Tri-Union and Tri-Union Operating shall determine. Xxxxxxx XxxxxxxNeither 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 Outstanding Old Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Outstanding Old Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Outstanding 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 Outstanding Old Notes tendered for exchange will be determined by XxxxxxxPiccadilly, in its sole discretion, which determination shall be final and binding. Xxxxxxx Piccadilly reserves the absolute right to reject any or all tenders not properly tendered or to not accept any particular Outstanding Old Notes which acceptance might, in the judgment of Xxxxxxx Piccadilly or its counsel, be unlawful. Xxxxxxx Piccadilly also reserves the absolute right to waive any defects or irregularities or conditions of the Exchange Offer Offers as to any particular Outstanding Old Notes either before or after the Expiration Date (including the right to waive the ineligibility of any holder who seeks to tender Outstanding Old Notes in the Exchange Offer). Xxxxxxx'x Piccadilly's interpretation of the terms and conditions of the Exchange Offer as to any particular Outstanding 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 Outstanding Old Notes for exchange must be cured within such reasonable period of time as Xxxxxxx Piccadilly shall determine. Xxxxxxx XxxxxxxNeither Piccadilly, 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 Outstanding Old Notes for exchange; nor shall any of them incur any liability for failure to give such notification. Tenders of Outstanding Old Notes will not be deemed to have been made until such defects or irregularities have been cured or waived. Any Outstanding 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

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