Common use of Determination of Validity Clause in Contracts

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of Shares will be determined by the Company in its sole discretion, which determination will be final and binding on all parties. The Company reserves the absolute right to reject any and all tenders determined by it not to be in proper form or the acceptance for payment of which may, in the opinion of its counsel, be unlawful. The Company also reserves the absolute right to waive any condition of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholder, whether or not similar defects or irregularities are waived in the case of other stockholders. No tender of Shares will be deemed to have been validly made until all defects and irregularities have been cured or waived. None of the Company, the Dealer Manager, the Depositary, the Information Agent or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The Company's interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions thereto) will be final and binding.

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of Shares will be determined by the Company Purchaser in its sole and absolute discretion, which determination will be final and binding on all partiesbinding. The Company Purchaser reserves the absolute right to reject any and all tenders determined by it not to be in proper form or the acceptance for payment of or payment for which may, in the opinion of its counselPurchaser, be unlawful. The Company Purchaser also reserves the absolute right to waive any condition of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholder, stockholder whether or not similar defects or irregularities are waived in the case of any other stockholdersstockholder. No tender of Shares will be deemed to have been validly made until all defects and irregularities relating thereto have been cured or waived. None of the CompanyKCI, the Dealer ManagerPurchaser or any of their respective affiliates or assigns, the Depositary, the Information Agent Agent, the Dealer Manager or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The Company's Purchaser’s interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions theretoInstructions thereto and any other documents related to the Offer) will be final and binding.

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of Shares will be determined by the Company Purchaser in its sole discretion, which determination will be final and binding on all partiesbinding. The Company Purchaser reserves the absolute right to reject any and all tenders determined by it not to be in proper form or the acceptance for payment of or payment for which may, in the opinion of its Purchaser's counsel, be unlawful. The Company Purchaser also reserves the absolute right to waive any condition of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholder, shareholder whether or not similar defects or irregularities are waived in the case of other stockholdersshareholders. No tender of Shares will be deemed to have been validly made until all defects and irregularities relating thereto have been cured or waivedwaived to the satisfaction of Purchaser. None of the Company, the Dealer ManagerPurchaser, the Depositary, the Information Agent or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The CompanyPurchaser's interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions Instructions thereto) will be final and binding.

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of the Shares will be determined by the Company OrthoStrategies in its sole discretion, which determination will be final and binding on all partiesbinding. The Company OrthoStrategies reserves the absolute right to reject any and all tenders determined by it not to be in proper form or the acceptance for payment of or payment for which may, in the opinion of its OrthoStrategies' counsel, be unlawful. The Company OrthoStrategies also reserves the absolute right to waive any condition of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholder, shareholder whether or not similar defects or irregularities are waived in the case of other stockholdersshareholders. No tender of any Shares will be deemed to have been validly made until all defects and irregularities relating thereto have been cured or waived. None of the Company, the Dealer ManagerOrthoStrategies, the Depositary, the Information Agent Agent, or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The Company's OrthoStrategies interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions Instructions thereto) will be final and binding.

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of Shares will be determined by the Company Purchaser in its sole and absolute discretion, which determination will be final and binding on all partiesbinding. The Company Purchaser reserves the absolute right to reject any and all tenders determined by it not to be in proper form or the acceptance for payment of or payment for which may, in the opinion of its counselPurchaser, be unlawful. The Company Purchaser also reserves the absolute right to waive any condition of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholder, shareholder whether or not similar defects or irregularities are waived in the case of any other stockholdersshareholder. No tender of Shares will be deemed to have been validly made until all defects and irregularities relating thereto have been cured or waived. None of the CompanyParent, the Dealer ManagerPurchaser, the Depositary, the Information Agent or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The CompanyPurchaser's interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions Instructions and any other related documents thereto) will be final and binding.

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of Shares will be determined by the Company Purchaser in its sole discretion, which determination will be final and binding on all parties. The Company Purchaser reserves the absolute right to reject any and all tenders of any Shares determined by it not to be in proper form or the acceptance for payment of of, or payment for, which may, in the opinion of its counselPurchaser, be unlawful. The Company Purchaser also reserves the absolute right right, in its sole discretion, to waive any condition of the conditions of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholderShares, whether or not similar defects or irregularities are waived in the case of other stockholders, and Purchaser's interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions thereto and any other related documents) will be final and binding on all persons. No tender of Shares will be deemed to have been validly made until all defects and or irregularities relating thereto have been cured or waivedwaived to the satisfaction of Purchaser. None of the CompanyPurchaser, the Dealer Manager, the DepositaryXx. Xxxxxxx, the Information Agent or the Depositary, or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The Company's interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions thereto) will be final and binding.

Determination of Validity. All questions as to the validity, form, eligibility (including time of receipt) and acceptance for payment of any tender of Shares will be determined by the Company Purchaser, in its sole discretion, which whose determination will be final and binding on all parties. The Company Purchaser reserves the absolute right to reject any and or all tenders determined by it not to be in proper form or the acceptance for payment of or payment for which may, in the opinion of its the Purchaser's counsel, be unlawful. The Company Purchaser also reserves the absolute right to waive any condition of the Offer or any defect or irregularity in the tender of any Shares of any particular stockholder, shareholder whether or not similar defects or irregularities are waived in the case of other stockholdersshareholders. No tender of Shares will be deemed to have been validly made until all defects and or irregularities relating thereto have been cured or waived. None of the CompanyPurchaser, the Dealer ManagerParent, the Depositary, the Information Agent Agent, the Dealer Manager or any other person will be under any duty to give notification of any defects or irregularities in tenders or incur any liability for failure to give any such notification. The CompanyPurchaser's interpretation of the terms and conditions of the Offer (including the Letter of Transmittal and the instructions thereto) will be final and bindingbinding on all parties.