Common use of Reconfirmation Offering Clause in Contracts

Reconfirmation Offering. Within five business days after the effective date of the post-effective amendment(s) as set forth in Section 4, the Client shall send by first class mail or other equally prompt means, to each Beneficiary, a copy of the prospectus contained in the post-effective amendment and any amendment or supplement thereto. Each Beneficiary shall have no fewer than 20 business days and no more than 45 business days from the effective date of the post-effective amendment to notify the Client in writing that the Beneficiary elects to remain an investor. If the Client has not received such written notification by the 45th business day following the effective date of the post-effective amendment, funds and interest or dividends, if any, held in the escrow or trust account shall be sent by first class mail or other equally prompt means to the Beneficiaries within five business days. The acquisition(s) meeting the criteria set forth above will be consummated if a sufficient number of Beneficiaries confirm their investments. If a consummated acquisition(s) meeting the requirements set forth above has not occurred by a date 18 months after the effective date of the initial registration statement, funds held in the escrow or trust account shall be returned by first class mail or equally prompt means to the Beneficiaries within five business days following that date. The conditions set forth in this Section 5 are referred to as the “Reconfirmation Requirements.”

Appears in 2 contracts

Samples: Trust Agreement (Sustinere Holdings, Inc.), Trust Agreement (Sustinere Holdings, Inc.)

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Reconfirmation Offering. Within five business days after the effective date of the post-post- effective amendment(s) as set forth in Section 44 , the Client shall send by first class mail or other equally prompt means, to each Beneficiary, a copy of the prospectus contained in the post-effective amendment and any amendment or supplement thereto. Each Beneficiary shall have no fewer than 20 business days and no more than 45 business days from the effective date of the post-effective amendment to notify the Client in writing that the Beneficiary elects to remain an investor. If the Client has not received such written notification by the 45th business day following the effective date of the post-effective amendment, funds and interest or dividends, if any, held in the escrow or trust account shall be sent by first class mail or other equally prompt means to the Beneficiaries within five business days. The acquisition(s) meeting the criteria set forth above will be consummated if a sufficient number of Beneficiaries confirm their investments. If a consummated acquisition(s) meeting the requirements set forth above has not occurred by a date 18 months after the effective date of the initial registration statement, funds held in the escrow or trust account shall be returned by first class mail or equally prompt means to the Beneficiaries within five business days following that date. The conditions set forth in this Section 5 are referred to as the “Reconfirmation Requirements.”

Appears in 1 contract

Samples: Trust Agreement

Reconfirmation Offering. Within five business days after the effective date of the post-post- effective amendment(s) as set forth in Section 4, the Client shall send by first class mail or other equally prompt means, to each Beneficiary, a copy of the prospectus contained in the post-post- effective amendment and any amendment or supplement thereto. Each Beneficiary shall have no fewer than 20 business days and no more than 45 business days from the effective date of the post-effective amendment to notify the Client in writing that the Beneficiary elects to remain an investor. If the Client has not received such written notification by the 45th business day following the effective date of the post-effective amendment, funds and interest or dividends, if any, held in the escrow or trust account shall be sent by first class mail or other equally prompt means to the Beneficiaries within five business days. The acquisition(s) meeting the criteria set forth above will be consummated if a sufficient number of Beneficiaries confirm their investments. If a consummated acquisition(s) meeting the requirements set forth above has not occurred by a date 18 months after the effective date of the initial registration statement, funds held in the escrow or trust account shall be returned by first class mail or equally prompt means to the Beneficiaries within five business days following that date. The conditions set forth in this Section 5 are referred to as the “Reconfirmation Requirements.”

Appears in 1 contract

Samples: Trust Agreement

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Reconfirmation Offering. Within five business days after the effective date of the post-effective amendment(s) as set forth in Section 44 , the Client shall send by first class mail or other equally prompt means, to each Beneficiary, a copy of the prospectus contained in the post-effective amendment and any amendment or supplement thereto. Each Beneficiary shall have no fewer than 20 business days and no more than 45 business days from the effective date of the post-effective amendment to notify the Client in writing that the Beneficiary elects to remain an investor. If the Client has not received such written notification by the 45th business day following the effective date of the post-effective amendment, funds and interest or dividends, if any, held in the escrow or trust account shall be sent by first class mail or other equally prompt means to the Beneficiaries within five business days. The acquisition(s) meeting the criteria set forth above will be consummated if a sufficient number of Beneficiaries confirm their investments. If a consummated acquisition(s) meeting the requirements set forth above has not occurred by a date 18 months after the effective date of the initial registration statement, funds held in the escrow or trust account shall be returned by first class mail or equally prompt means to the Beneficiaries within five business days following that date. The conditions set forth in this Section 5 are referred to as the “Reconfirmation Requirements.”

Appears in 1 contract

Samples: Trust Agreement (Sustinere Holdings, Inc.)

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