Common use of Validity of Tenders Clause in Contracts

Validity of Tenders. Xxxxxx Xxxxxxx Ltd. expressly reserves the right to terminate the Exchange Offer and the Consent Solicitation and not to accept for exchange any Xxxxxxx Bonds if any of the conditions set forth under "The Exchange Offer and the Consent Solicitation—Conditions to the Exchange Offer" have not been satisfied or waived by Xxxxxx Xxxxxxx Ltd. at its option for any reason on or before 5:00 p.m., New York City time, on the Expiration Date. In all cases, exchange of the Xxxxxxx Bonds accepted for exchange and payment of Common Shares and Preferred Shares will be made only after timely receipt by the Exchange Agent of certificates representing the original Xxxxxxx Bonds, or by confirmation of book-entry transfer, together with a properly completed and duly executed Letter of Transmittal, a manually signed facsimile of the Letter of Transmittal, or satisfaction of DTC's ATOP procedures, and any other documents required by the Letter of Transmittal.

Validity of Tenders. Xxxxxx Xxxxxxx Ltd. expressly reserves the right to terminate the Exchange Offer and the Consent Solicitation and not to accept for exchange any Xxxxxxx Bonds if any of the conditions set forth under "The Exchange Offer and the Consent Solicitation—Conditions to the Exchange Offer" have not been satisfied or waived by Xxxxxx Xxxxxxx Ltd. at its option for any reason on or before 5:00 p.m., New York City time, on the Expiration Date. In all cases, exchange of the Xxxxxxx Bonds accepted for exchange and payment of Common Shares and Preferred Shares the common shares will be made only after timely receipt by the Exchange Agent exchange agent of certificates representing the original Xxxxxxx Bonds, or by confirmation of book-entry transfer, together with a properly completed and duly executed Letter of Transmittal, a manually signed facsimile of the Letter of Transmittal, or satisfaction of DTC's ATOP procedures, and any other documents required by the Letter of Transmittal.