Common use of Procedure for Deficient Items Clause in Contracts

Procedure for Deficient Items. (a) Mellon will examine any certificate representing Shares, Letter of Transmittal (or facsimile thereof), Notice of Guaranteed Delivery or Agent's Message and any other document (including any checks or money orders payable to the Purchaser) required by the Letter of Transmittal received by Mellon to determine whether any tender may be defective. In the event Mellon concludes that (i) any Letter of Transmittal, Notice of Guaranteed Delivery, Agent's Message or other document has been improperly completed, executed or transmitted, (ii) any of the certificates for Shares is not in proper form for transfer (as required by the aforesaid instructions) (iii) service fee checks or money orders ("service fee checks") are not properly executed or timely received, or (iv) if some other irregularity in connection with the tender of Shares exists, then Mellon is authorized, subject to subsection (b) below, to advise the tendering stockholder, or transmitting Book-Entry Transfer Facility, as the case may be, of the existence of the irregularity, but Mellon is not authorized to accept any tender not in accordance with the terms and subject to the conditions set forth in the Offer, or any other tender which Mellon deems to be defective, unless Mellon shall have received from the Purchaser the Letter of Transmittal that was surrendered (or if the tender was made by means of a Confirmation containing an Agent's Message, a written notice), duly dated and signed by an authorized officer of the Purchaser, indicating that any defect or irregularity in such tender has been cured or waived and that such tender has been accepted by the Purchaser.

Appears in 3 contracts

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

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Procedure for Deficient Items. (a) Mellon will examine any certificate representing Shares, Letter of Transmittal (or facsimile thereof), Notice of Guaranteed Delivery or Agent's Message and any other document (including any checks or money orders payable to the Purchaser) required by the Letter of Transmittal received by Mellon to determine whether any tender may be defective. In the event Mellon concludes that (i) any Letter of Transmittal, Notice of Guaranteed Delivery, Agent's Message or other document has been improperly completed, executed or transmitted, (ii) any of the certificates for Shares is not in proper form for transfer (as required by the aforesaid instructions) (iii) service fee checks or money orders ("service fee checks") are not properly executed or timely received, or (iv) if some other irregularity in connection with the tender of Shares exists, then Mellon is authorized, subject to subsection (b) below, to advise the tendering stockholder, or transmitting Book-Entry Transfer Facility, as the case may be, of the existence of the irregularity, but Mellon is not authorized to accept any tender not in accordance with the terms and subject to the conditions set forth in the Offer, or any other tender which Mellon deems to be defective, unless Mellon shall have received from the Purchaser the Letter of Transmittal that was surrendered (or if the tender was made by means of a Confirmation containing an Agent's Message, a written notice), duly dated and signed by an authorized officer of the Purchaser, indicating that any defect or irregularity in such tender has been cured or waived and that such tender has been accepted by the Purchaser.

Appears in 3 contracts

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

Procedure for Deficient Items. (a) Mellon will examine any certificate representing Shares, Letter of Transmittal (or facsimile thereof), Notice of Guaranteed Delivery or Agent's Message and any other document (including any checks or money orders payable to the Purchaser) required by the Letter of Transmittal received by Mellon to determine whether any tender may be defective. In the event Mellon concludes that (i) any Letter of Transmittal, Notice of Guaranteed Delivery, Agent's Message or other document has been improperly completed, executed or transmitted, (ii) any of the certificates for Shares is not in proper form for transfer (as required by the aforesaid instructions) ), (iii) service fee checks or money orders ("service fee checks") are not properly executed or timely received, or (iv) if some other irregularity in connection with the tender of Shares exists, then Mellon is authorized, subject to subsection (b) below, to advise the tendering stockholder, or transmitting Book-Entry Transfer Facility, as the case may be, of the existence of the irregularity, but Mellon is not authorized to accept any tender not in accordance with the terms and subject to the conditions set forth in the Offer, or any other tender which Mellon deems to be defective, unless Mellon shall have received from the Purchaser the Letter of Transmittal that was surrendered (or if the tender was made by means of a Confirmation containing an Agent's Message, a written notice), duly dated and signed by an authorized officer of the Purchaser, indicating that any defect or irregularity in such tender has been cured or waived and that such tender has been accepted by the Purchaser.

Appears in 2 contracts

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

Procedure for Deficient Items. (a) Mellon will examine any certificate representing Shares, Letter of Transmittal (or facsimile thereof)Transmittal, Notice of Guaranteed Delivery or Agent's Message and any other document (including any checks or money orders payable to the Purchaser) required by the Letter of Transmittal received by Mellon to determine whether any tender may be defective. In the event Mellon concludes that (i) any Letter of Transmittal, Notice of Guaranteed Delivery, Agent's Message or other document has been improperly completed, executed or transmitted, (ii) any of the certificates for Shares is not in proper form for transfer (as required by the aforesaid instructions) ), (iii) service fee checks or money orders ("service fee checks") are not properly executed or timely received, or (iv) if some other irregularity in connection with the tender of Shares exists, then Mellon is authorized, subject to subsection (b) below, to advise the tendering stockholder, or transmitting Book-Entry Transfer Facility, as the case may be, of the existence of the irregularity, but Mellon is not authorized to accept any tender not in accordance with the terms and subject to the conditions set forth in the Offer, or any other tender which Mellon deems to be defective, unless Mellon shall have received from the Purchaser the Letter of Transmittal that was surrendered relating to the defective tender (or if the tender was made by means of a Confirmation containing an Agent's Message, a written notice), duly dated and signed by an authorized officer of the Purchaser, indicating that any defect or irregularity in such tender has been cured or waived and that such tender has been accepted by the Purchaser.

Appears in 2 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)

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Procedure for Deficient Items. (a) Mellon will 7.1 Agent shall examine any certificate representing Shares, Letter of Transmittal (or facsimile thereof), Notice of Guaranteed Delivery or Agent's Message and any other document (including any checks or money orders payable to the Purchaser) required by the Letter of Transmittal received by Mellon to determine whether any tender may be defective. In the event Mellon concludes that (i) any Letter of Transmittal, Notice of Guaranteed Delivery, Agent's Message ’s Message, notice of withdrawal (as described in Section 10) and any other document required by the Letter of Transmittal that is received by Agent as depositary to determine whether (i) such documents reasonably appear to Agent to have been duly executed, properly completed, delivered or transmitted, as the case may be, in accordance with the instructions set forth in the Letter of Transmittal and (ii) any tender may be defective. In the event Agent concludes that any certificate representing Shares, Letter of Transmittal, Notice of Guaranteed Delivery, Agent’s Message, notice of withdrawal or other document or transmission has been improperly completed, executed or delivered or transmitted, (ii) any of Confirmation containing an Agent’s Message or certificate representing Shares, as the certificates for Shares case may be, is not in proper form for transfer (as required by the aforesaid instructions) (iii) service fee checks or money orders ("service fee checks") are not properly executed or timely received, or (iv) if some other irregularity in connection with the tender of Shares or the acceptance of the Offer exists, then Mellon Agent is authorized, subject to subsection (b) 7.2 below, to advise the tendering stockholder, Holder or transmitting Book-Entry Transfer Facility, as the case may be, of the existence of the irregularity, but Mellon . Agent is not authorized to accept any tender that is not made in accordance with the terms and subject to the conditions set forth in the Offer, or any other tender which Mellon deems Agent reasonably believes to be defective, unless Mellon Agent shall have received from the Purchaser the applicable Letter of Transmittal that was surrendered (or if the tender was made by means of a Confirmation containing an Agent's ’s Message, a written notice), duly dated and signed by an authorized officer of the Purchaser, indicating that any defect or irregularity in such tender has been cured or waived and that such tender has been accepted by the Purchaser.

Appears in 1 contract

Samples: Depositary Agreement (BlackRock Fixed Income Value Opportunities II)

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