Common use of Notice of Withdrawal Clause in Contracts

Notice of Withdrawal. Agent will return to any person tendering the Shares, in the manner described in Article I, Section 8 hereof, any Shares tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchase, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser and Agent. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

Appears in 18 contracts

Samples: Depositary and Information Agent Agreement (Tortoise Energy Independence Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Energy Infrastructure Corp), Depositary and Information Agent Agreement (Tortoise Power & Energy Infrastructure Fund Inc)

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Notice of Withdrawal. Agent will return to any person tendering the SharesHOLDRS, in the manner described in Article I, Section 8 12 hereof, any Shares HOLDRS tendered by such person but duly withdrawn pursuant to the Offer to PurchaseExchange. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to PurchaseExchange, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser and AgentExchange. Any notice of withdrawal must specify the name of the registered holder of the Shares HOLDRS to be withdrawn and the number of HOLDRS to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the PurchaserOfferor, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser Offeror in its sole discretion, whose determination shall be final and binding. Any Shares HOLDRS withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares HOLDRS are re-tendered prior to the Expiration Date Time in accordance with Article I, Section 2 3 hereof.

Appears in 6 contracts

Samples: Exchange Agent Agreement (Market Vectors Etf Trust), Exchange Agent Agreement (Market Vectors Etf Trust), Exchange Agent Agreement (Market Vectors Etf Trust)

Notice of Withdrawal. Agent Mellon will return to any person tendering the Shares, in the manner described in Article I, Section 8 12 hereof, any certificates representing Shares (and, if a complete withdrawal, the service fee checks) tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchasemust be received by Mellon, within the time period specified for withdrawal in the Offer to Purchase Purchase, at Mellon’s address or other method mutually agreed fax number set forth on the back page of the Offer to by the Purchaser and AgentPurchase. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent Mellon is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent Mellon concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

Appears in 4 contracts

Samples: Depositary and Information Agent Agreement (Delaware Investments National Municipal Income Fund), Depositary and Information Agent Agreement (Delaware Investments Global Dividend & Income Fund, Inc), Agent Agreement (Delaware Investments Dividend & Income Fund, Inc)

Notice of Withdrawal. Agent will return to any person tendering the Shares, in the manner described in Article I, Section 8 11 hereof, any Shares tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchase, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser and Agent. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

Appears in 3 contracts

Samples: Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc)

Notice of Withdrawal. Agent will return to any person tendering the Shares, in the manner described in Article I, Section 8 9 hereof, any Shares tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchase, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser and Agent. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

Appears in 1 contract

Samples: Depositary and Information Agent Agreement (Delaware Investments Dividend & Income Fund, Inc)

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Notice of Withdrawal. Agent will return to any person tendering the Shares, in the manner described in Article I, Section 8 11 hereof, any Shares tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchase, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser Company and Agent. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

Appears in 1 contract

Samples: Depositary Agreement (Firsthand Technology Value Fund, Inc.)

Notice of Withdrawal. Agent will return to any person tendering the Shares, in the manner described in Article I, Section 8 11 hereof, any Shares tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchase, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser and Agent. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

Appears in 1 contract

Samples: Dutch Tender Depositary Agreement (Firsthand Technology Value Fund, Inc.)

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