Common use of Procedure for Deficient Items Clause in Contracts

Procedure for Deficient Items. The Subscription 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 the Subscription Agent determines that any Certificate does not appear to have been properly completed or executed, or where a Certificate does not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Subscription Agent is not authorized to waive any irregularity in connection with a Subscription, unless the Subscription Agent shall have received from the Company instructions, 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, the Subscription Agent will return to the subscribing Common Stock holder or Warrant holder (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery of a Certificate or by registered mail insured separately for the value of such Certificate) to such Common Stock holder’s or Warrant holder’s address as set forth in the Subscription any Certificate surrendered in connection therewith and any other documents received with such Certificate, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate and such documents.

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

Procedure for Deficient Items. The Subscription 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 the Subscription Agent determines that any Certificate does not appear to have been properly completed or executed, or where a Certificate does the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Subscription Agent is not authorized to waive any irregularity in connection with a the Subscription, unless the Subscription Agent shall have received from the Company instructionsthe 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, the Subscription Agent will return to the subscribing Common Stock holder or Warrant holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of a Certificate Certificates or by registered mail insured separately for the value of such CertificateCertificates) to such Common Stock holder’s or Warrant holdershareholder’s address as set forth in the Subscription any Certificate Certificates surrendered in connection therewith and any other documents received with such CertificateCertificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate Certificates and other documents, and will return any monies, without interest, which were held for such documentsshareholder in respect of the deficient Subscription as promptly as practicable thereafter. Similar procedures shall be utilized by the Agent for deficient subscriptions in the Public Offering.

Procedure for Deficient Items. The Subscription Agent Mellon shall examine the Subscription Rights Certificates received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executedexecuted in accordance with the applicable Instructions for Use. In the event the Subscription Agent Mellon determines that any Subscription Rights Certificate does not appear to have been properly completed or executed, or where a Certificate does the Subscription Rights Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent Mellon shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Company shall have the absolute right to reject any defective exercise of rights or to waive any defect in exercise. Unless requested to do so by the Company, Mellon shall not be under any duty to give notification to holders of Subscription Agent Rights Certificates of any defects or irregularities in the exercise of subscriptions. Mellon is not authorized to waive any irregularity in connection with a the Subscription, unless the Subscription Agent Mellon shall have received from the Company instructionsthe Subscription Rights Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Subscription Rights Certificate has been cured or waived and that such Subscription Rights Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, the Subscription Agent Mellon will return to the subscribing Common Stock holder or Warrant holder stockholder (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent Mellon and the Company from losses or liabilities arising out of the non-receipt or nondelivery of a Certificate Subscription Rights Certificates or by registered mail insured separately for the value of such CertificateSubscription Rights Certificates) to such Common Stock holder’s or Warrant holderstockholder’s address as set forth in the Subscription any Certificate Subscription Rights Certificates surrendered in connection therewith and any other documents received with such Certificate, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate and such documentsSubscription Rights Certificates.

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

Procedure for Deficient Items. The Subscription Agent shall You will examine the Certificates Letter of Transmittal and any other documents received by it you as Subscription Exchange Agent to ascertain whether they appear to have been properly completed and executedduly executed in accordance with the instructions set forth in the Letter of Transmittal. In the event the Subscription Agent determines you determine that any Certificate Letter of Transmittal does not appear to you to have been properly completed or duly executed, or where a Certificate does not appear to be in proper form for Subscription, or any other irregularity deficiency in connection with the Subscription delivery of a Letter of Transmittal appears to you to exist, the Subscription Agent shall followyou will take, where possible, its regular procedures any reasonably necessary or advisable actions to attempt to cause such irregularity issue to be corrected, including, informing the presenter of the need for fulfillment of all requirements. The Subscription Agent is You are not authorized to waive any irregularity deficiency in connection with the completion, execution or delivery of a SubscriptionLetter of Transmittal, unless the Subscription Agent shall have received designated Persons from the Company instructions, duly dated and signed by an authorized officer of provide you with written authorization to waive the Company, indicating that any irregularity in such Certificate has been cured or waived and that such Certificate has been accepted by the Companydeficiency. If any such irregularity deficiency is neither corrected nor waived, the Subscription Agent you will return to the subscribing Common Stock holder or Warrant holder delivering stockholder (at its your option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent you and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of a Certificate the Letter of Transmittal or by registered mail insured separately for the value of the Old Shares covered by the Letter of Transmittal) at such Certificate) to such Common Stock holder’s or Warrant holder’s stockholder's address as set forth in the Subscription any Certificate surrendered in connection therewith Letter of Transmittal the original Letter of Transmittal and any other documents received with respect to such Certificate, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate and such documentsOld Shares.

Procedure for Deficient Items. The Subscription 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 the Subscription Agent determines that any Certificate does not appear to have been properly completed or executed, or where a Certificate does the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Subscription Agent is not authorized to waive any irregularity in connection with a the Subscription, unless the Subscription Agent shall have received from the Company instructionsthe 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, the Subscription Agent will return to the subscribing Common Stock holder or Warrant holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of a Certificate Certificates or by registered mail insured separately for the value of such CertificateCertificates) to such Common Stock holder’s or Warrant holdershareholder’s address as set forth in the Subscription any Certificate Certificates surrendered in connection therewith and any other documents received with such CertificateCertificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate Certificates and other documents, and will return any monies, without interest, which were held for such documentsshareholder in respect of the deficient Subscription as promptly as practicable thereafter.

Procedure for Deficient Items. The Subscription Agent Company shall have the absolute right to reject any defective exercise of Rights or subscription for shares of Common Stock or to waive any defect in exercise. 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 the Subscription Agent Continental determines that any Certificate does not appear to have been properly completed or executed, or where a Certificate does the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent Continental shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Subscription Agent Continental is not authorized to waive any irregularity in connection with a the Subscription, unless the Subscription Agent Continental shall have received from the Company instructionsthe 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, the Subscription Agent Continental will return to the subscribing Common Stock holder or Warrant holder subscriber (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent Continental and the Company from losses or liabilities arising out of the non-receipt or nondelivery of a Certificate Certificates or by registered mail insured separately for the value of such CertificateCertificates) to such Common Stock holder’s or Warrant holder’s subscriber's address as set forth in the Subscription any Certificate Certificates surrendered in connection therewith and any other documents received with such CertificateCertificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate Certificates and such other documents.

Procedure for Deficient Items. The Subscription Agent shall examine the Certificates Rights Certificate received by it as Subscription Agent to ascertain whether they appear to have been properly completed and executed. In the event the Subscription Agent determines that any Rights Certificate does not appear to have been properly completed or executed, or where a the Rights Certificate does do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Subscription Agent is not authorized to waive any irregularity in connection with a the Subscription, unless the Subscription Agent shall have received from the Company instructionsthe Rights Certificate which was delivered, duly dated and signed by an authorized officer of the Company, indicating that any irregularity in such Rights Certificate has been cured or waived and that such Rights Certificate has been accepted by the Company. If any such irregularity is neither corrected nor waived, the Subscription Agent will return to the subscribing Common Stock holder or Warrant holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent and the Company from losses or liabilities arising out of the non-receipt or nondelivery non-delivery of a Rights Certificate or by registered mail insured separately for the value of such CertificateRights Certificate ) to such Common Stock holder’s or Warrant holdershareholder’s address as set forth in the Subscription any Certificate Rights Certificates surrendered in connection therewith and any other documents received with such CertificateRights Certificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate Rights Certificates and other documents, and will return any monies, without interest, which were held for such documentsshareholder in respect of the deficient Subscription as promptly as practicable thereafter.

Procedure for Deficient Items. The Subscription Agent Registrar and Transfer 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 the Subscription Agent Registrar and Transfer determines that any Certificate does not appear to have been properly completed or executed, or where a Certificate does the Certificates do not appear to be in proper form for Subscription, or any other irregularity in connection with the Subscription appears to exist, the Subscription Agent Registrar and Transfer shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. The Subscription Agent Registrar and Transfer is not authorized to waive any irregularity in connection with a the Subscription, unless the Subscription Agent Registrar and Transfer shall have received from the Company instructionsthe 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, the Subscription Agent Registrar and Transfer will return to the subscribing Common Stock holder or Warrant holder shareholder (at its option by either first class mail under a blanket surety bond or insurance protecting the Subscription Agent Registrar and Transfer and the Company from losses or liabilities arising out of the non-receipt or nondelivery of a Certificate Certificates or by registered mail insured separately for the value of such CertificateCertificates) to such Common Stock holder’s or Warrant holdershareholder’s address as set forth in the Subscription any Certificate Certificates surrendered in connection therewith and any other documents received with such CertificateCertificates, and a letter of notice to be furnished by the Company explaining the reasons for the return of the Certificate Certificates and such other documents.