Common use of Procedure for Deficient Items Clause in Contracts

Procedure for Deficient Items. Continental shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental is not authorized to waive any irregularity in connection with the Subscription, unless Continental shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental will return to the subscribing stockholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholder’s address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents.

Appears in 8 contracts

Samples: Subscription and Escrow Agent Agreement (Enzon Pharmaceuticals, Inc.), Subscription and Escrow Agent Agreement (HG Holdings, Inc.), Subscription Agent Agreement (Tengasco Inc)

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Procedure for Deficient Items. Continental The Agent shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental the Agent determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Continental the Agent shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental the Agent will return to the subscribing stockholder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholdershareholder’s address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents.

Appears in 5 contracts

Samples: Subscription Agent Agreement (United Community Financial Corp), Subscription Agent Agreement (1st Constitution Bancorp), Subscription Agent Agreement (Mackinac Financial Corp /Mi/)

Procedure for Deficient Items. Continental shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executedexecuted in accordance with the applicable Letter of Instruction. In the event Continental determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental is not authorized to waive any irregularity in connection with the Subscription, unless Continental shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental will return to the subscribing stockholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholder’s address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents.

Appears in 4 contracts

Samples: Subscription Agent Agreement (Teamstaff Inc), Subscription Agent Agreement (Western Sizzlin Corp), Subscription Agent Agreement (Western Sizzlin Corp)

Procedure for Deficient Items. Continental The Agent shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental the Agent determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Continental the Agent shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental the Agent will return to the subscribing stockholder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholdershareholder’s address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents. Similar procedures shall be utilized by the Agent for deficient orders in the Public Offering.

Appears in 4 contracts

Samples: Escrow Agent Agreement, Subscription/Escrow Agent Agreement (Consumers Bancorp Inc /Oh/), Escrow Agent Agreement (Camco Financial Corp)

Procedure for Deficient Items. Continental shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental is not authorized to waive any irregularity in connection with the Subscription, unless Continental shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental will return to the subscribing stockholder Subscribing Record Holder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholderRecord Holder’s address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents.

Appears in 3 contracts

Samples: Subscription Agent Agreement (Nephros Inc), Subscription Agent Agreement (Nephros Inc), Subscription Agent Agreement (Nephros Inc)

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Procedure for Deficient Items. Continental The Agent shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental the Agent determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Continental the Agent shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental the Agent will return to the subscribing stockholder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholdershareholder’s address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents.

Appears in 1 contract

Samples: Subscription Agent Agreement (First National Corp /Va/)

Procedure for Deficient Items. Continental The Agent shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental the Agent determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Continental the Agent shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental the Agent will return to the subscribing stockholder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholder’s shareholder's address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents.

Appears in 1 contract

Samples: Subscription Agent Agreement (Highlands Bankshares Inc /Va/)

Procedure for Deficient Items. Continental The Agent shall examine the Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event Continental the Agent determines that any Certificate does not appear to have been properly completed or executed, or where the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, Continental the Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Continental The Agent is not authorized to waive any irregularity in connection with the Subscription, unless Continental the Agent shall have received from the Company the Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, Continental the Agent will return to the subscribing stockholder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting Continental the Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of Certificates or by registered mail insured separately for the value of such Certificates) to such stockholder’s shareholder's address as set forth in the Subscription any Certificates surrendered in connection therewith and any other documents received with such Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificates and other documents. Similar procedures shall be utilized by the Agent for deficient orders in the Public Offering.

Appears in 1 contract

Samples: Subscription/Escrow Agent Agreement (Citizens Independent Bancorp, Inc.)

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