Tendering Shareholders definition
Examples of Tendering Shareholders in a sentence
Tendering Shareholders will not be obligated to pay transfer fees, brokerage fees, or commissions on the sale of the Shares to the Purchasers pursuant to the Offer.
Effect On NAV And Consideration Received By Tendering Shareholders The Fund invests its assets in investment funds ("Portfolio Funds") that are managed by various investment managers.
It is understood that the Agent and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by the Tendering Shareholders, as furnished to the Agent by Staktek, to identify (i) the beneficiary, (ii) the beneficiary’s bank, or (iii) an intermediary bank.
In the event funds transfer instructions are given by Tendering Shareholders, whether in writing, by telefax, or otherwise, the Agent is authorized to seek confirmation of such instructions by telephone call-back to the persons set forth in a schedule to be prepared by Staktek and delivered to the Agent, and the Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated.
The Agent shall issue Form 1099s to the Tendering Shareholders and, to the extent required by law, may withhold tax on any payments to Tendering Shareholders, as required by law.
This Agreement is for the sole and exclusive benefit of the Agent, Samsung, Staktek and the Tendering Shareholders, and nothing in this Agreement, express or implied, is intended to confer or shall be construed as conferring upon any other person any rights, remedies or any other type or types of benefits.
The Agent shall be furnished all taxpayer identification numbers documented by an appropriate Form W 8 or Form W 9 that are provided by Tendering Shareholders.
Upon satisfaction of the conditions set forth in the Transaction Agreement, Samsung will make a deposit with the Agent (such initial deposit together with the earnings thereon, the “Deposit”) an amount of money sufficient to pay the purchase price of all Staktek Stock that Samsung is obligated to purchase from Tendering Shareholders.
Staktek and Samsung hereby appoint the Agent as the escrow and tender agent under this Agreement for the benefit of the parties hereto and the Tendering Shareholders, as their respective interests may appear, and Agent hereby accepts such appointment.
The Agent shall hold the Deposit in trust for the benefit of the Tendering Shareholders in a segregated fund, invest it as jointly directed by Staktek and Samsung and, upon receipt of a joint direction from Samsung and Staktek, disburse from the Deposit the amounts specified in such joint direction to the payees specified therein.