Common use of TERMS OF THE OFFER; EXPIRATION DATE Clause in Contracts

TERMS OF THE OFFER; EXPIRATION DATE. Upon the terms and subject to the conditions set forth in the Offer (including, if the Offer is extended or amended, the terms and conditions of such extension or amendment), the Fund will accept for payment, and pay for, all Shares validly tendered on or prior to the Expiration Date (as herein defined) and not withdrawn as permitted by Section 4. The term "Expiration Date" means 12:00 Midnight, New York City time, on February 4, 1997, unless and until the Fund, in its sole discretion, shall have extended the period for which the Offer is open, in which event the term "Expiration Date" shall mean the latest time and date on which the Offer, as so extended by the Fund, shall expire. The Fund expressly reserves the right, in its sole discretion, at any time or from time to time, to extend the period of time during which the Offer is open by giving oral or written notice of such extension to the Depository. Any such extension will also be publicly announced by press release issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. The Fund confirms that if it makes a material change in the terms of the Offer or the information concerning the Offer, or if it waives a material condition of the Offer, the Fund will extend the Offer to the extent required by Rules 13e- 4(d)(2) and 13e-4(e)(2) under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). During any extension, all Shares previously tendered and not withdrawn will remain subject to the Offer, subject to the right of a tendering shareholder to withdraw his Shares. See Section 4. Subject to the applicable regulations of the Securities and Exchange Commission (the "Commission"), the Fund also expressly reserves the right, in its sole discretion, at any time or from time to time (i) to delay acceptance for payment of, or, regardless of whether such Shares were therefore accepted for payment, payment for, any Shares or to terminate the Offer and not accept for payment or pay for any Shares not therefore accepted for payment, or paid for, upon the occurrence of any of the conditions specified in Section 12 and (ii) waive any condition or otherwise amend the Offer in any respect, by giving oral or written notice of such delay, termination or amendment to the Depository and by making a public announcement thereof. The Fund confirms that its reservation of the right to delay payment for Shares which it has accepted for payment is limited by Rule 13e-4(f)(5) under the Exchange Act, which requires that a tender offer or pay the consideration offered or return the tendered securities promptly after the termination or withdrawal of a tender offer. If, following the Expiration Date, the Fund is permitted under applicable law to delay acceptance for payment of or payment for Shares and does so, the Fund may not thereafter assert conditions to the Offer to delay or avoid acceptance for payment of or payment for Shares except to the extent permitted by applicable law. The Fund has been advised by the Staff of the Commission that the Exchange Act and the rules and regulations promulgated thereunder require that all conditions to the Offer, other than the receipt of certain governmental approvals, must be satisfied or waived prior to the Expiration Date. Any extension, delay, termination or amendment will be followed as promptly as practicable by public announcement thereof, such announcement in the case of an extension to be issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. Subject to applicable law (including Rule 13e-4(e)(2) under the Exchange Act, which requires that any material change in the information published, sent or given to shareholders in connection with the Offer be promptly disseminated to shareholders in a manner reasonably designed to inform shareholders of such change) and without limiting the manner in which the Fund may choose to make any public announcement, the Fund shall have no obligation to publish, advertise or otherwise communicate any such public announcement other than by making a release to the Dow Xxxxx News Service.

TERMS OF THE OFFER; EXPIRATION DATE. Upon the terms and subject to the conditions set forth in the Offer (including, if the Offer is extended or amended, the terms and conditions of such extension or amendment), the Fund will accept for payment, and pay for, all Shares validly tendered on or prior to the Expiration Date (as herein defined) and not withdrawn as permitted by Section 4. The term "Expiration Date" means 12:00 Midnight, New York City time, on February 4November 6, 19971995, unless and until the Fund, in its sole discretion, shall have extended the period for which the Offer is open, in which event the term "Expiration Date" shall mean the latest time and date on which the Offer, as so extended by the Fund, shall expire. The Fund expressly reserves the right, in its sole discretion, at any time or from time to time, to extend the period of time during which the Offer is open by giving oral or written notice of such extension to the Depository. Any such extension will also be publicly announced by press release issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. The Fund confirms that if it makes a material change in the terms of the Offer or the information concerning the Offer, or if it waives a material condition of the Offer, the Fund will extend the Offer to the extent required by Rules 13e- 4(d)(2) and 13e-4(e)(2) under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). During any extension, all Shares previously tendered and not withdrawn will remain subject to the Offer, subject to the right of a tendering shareholder to withdraw his Shares. See Section 4. Subject to the applicable regulations of the Securities and Exchange Commission (the "Commission"), the Fund also expressly reserves the right, in its sole discretion, at any time or from time to time (i) to delay acceptance for payment of, or, regardless of whether such Shares were therefore accepted for payment, payment for, any Shares or to terminate the Offer and not accept for payment or pay for any Shares not therefore accepted for payment, or paid for, upon the occurrence of any of the conditions specified in Section 12 and (ii) waive any condition or otherwise amend the Offer in any respect, by giving oral or written notice of such delay, termination or amendment to the Depository and by making a public announcement thereof. The Fund confirms that its reservation of the right to delay payment for Shares which it has accepted for payment is limited by Rule 13e-4(f)(5) under the Exchange Act, which requires that a tender offer or pay the consideration offered or return the tendered securities promptly after the termination or withdrawal of a tender offer. If, following the Expiration Date, the Fund is permitted under applicable law to delay acceptance for payment of or payment for Shares and does so, the Fund may not thereafter assert conditions to the Offer to delay or avoid acceptance for payment of or payment for Shares except to the extent permitted by applicable law. The Fund has been advised by the Staff of the Commission that the Exchange Act and the rules and regulations promulgated thereunder require that all conditions to the Offer, other than the receipt of certain governmental approvals, must be satisfied or waived prior to the Expiration Date. Any extension, delay, termination or amendment will be followed as promptly as practicable by public announcement thereof, such announcement in the case of an extension to be issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. Subject to applicable law (including Rule 13e-4(e)(2) under the Exchange Act, which requires that any material change in the information published, sent or given to shareholders in connection with the Offer be promptly disseminated to shareholders in a manner reasonably designed to inform shareholders of such change) and without limiting the manner in which the Fund may choose to make any public announcement, the Fund shall have no obligation to publish, advertise or otherwise communicate any such public announcement other than by making a release to the Dow Xxxxx News Service.

TERMS OF THE OFFER; EXPIRATION DATE. Upon the terms and subject to the conditions set forth in the Offer (including, if the Offer is extended or amended, the terms and conditions of such extension or amendment), the Fund will accept for payment, and pay for, all Shares validly tendered on or prior to the Expiration Date (as herein defined) and not withdrawn as permitted by Section 4. The term "Expiration Date" means 12:00 Midnight, New York City time, on February 45, 19971996, unless and until the Fund, in its sole discretion, shall have extended the period for which the Offer is open, in which event the term "Expiration Date" shall mean the latest time and date on which the Offer, as so extended by the Fund, shall expire. The Fund expressly reserves the right, in its sole discretion, at any time or from time to time, to extend the period of time during which the Offer is open by giving oral or written notice of such extension to the Depository. Any such extension will also be publicly announced by press release issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. The Fund confirms that if it makes a material change in the terms of the Offer or the information concerning the Offer, or if it waives a material condition of the Offer, the Fund will extend the Offer to the extent required by Rules 13e- 4(d)(2) and 13e-4(e)(2) under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). During any extension, all Shares previously tendered and not withdrawn will remain subject to the Offer, subject to the right of a tendering shareholder to withdraw his Shares. See Section 4. Subject to the applicable regulations of the Securities and Exchange Commission (the "Commission"), the Fund also expressly reserves the right, in its sole discretion, at any time or from time to time (i) to delay acceptance for payment of, or, regardless of whether such Shares were therefore accepted for payment, payment for, any Shares or to terminate the Offer and not accept for payment or pay for any Shares not therefore accepted for payment, or paid for, upon the occurrence of any of the conditions specified in Section 12 and (ii) waive any condition or otherwise amend the Offer in any respect, by giving oral or written notice of such delay, termination or amendment to the Depository and by making a public announcement thereof. The Fund confirms that its reservation of the right to delay payment for Shares which it has accepted for payment is limited by Rule 13e-4(f)(5) under the Exchange Act, which requires that a tender offer or pay the consideration offered or return the tendered securities promptly after the termination or withdrawal of a tender offer. If, following the Expiration Date, the Fund is permitted under applicable law to delay acceptance for payment of or payment for Shares and does so, the Fund may not thereafter assert conditions to the Offer to delay or avoid acceptance for payment of or payment for Shares except to the extent permitted by applicable law. The Fund has been advised by the Staff of the Commission that the Exchange Act and the rules and regulations promulgated thereunder require that all conditions to the Offer, other than the receipt of certain governmental approvals, must be satisfied or waived prior to the Expiration Date. Any extension, delay, termination or amendment will be followed as promptly as practicable by public announcement thereof, such announcement in the case of an extension to be issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. Subject to applicable law (including Rule 13e-4(e)(2) under the Exchange Act, which requires that any material change in the information published, sent or given to shareholders in connection with the Offer be promptly disseminated to shareholders in a manner reasonably designed to inform shareholders of such change) and without limiting the manner in which the Fund may choose to make any public announcement, the Fund shall have no obligation to publish, advertise or otherwise communicate any such public announcement other than by making a release to the Dow Xxxxx News Service.

TERMS OF THE OFFER; EXPIRATION DATE. Upon the terms and subject to the conditions set forth in the Offer (including, if the Offer is extended or amended, the terms and conditions of such extension or amendment), the Fund will accept for payment, and pay for, all Shares validly tendered on or prior to the Expiration Date (as herein defined) and not withdrawn as permitted by Section 4. The term "Expiration Date" means 12:00 Midnight, New York City time, on February 4May 5, 1997, unless and until the Fund, in its sole discretion, shall have extended the period for which the Offer is open, in which event the term "Expiration Date" shall mean the latest time and date on which the Offer, as so extended by the Fund, shall expire. The Fund expressly reserves the right, in its sole discretion, at any time or from time to time, to extend the period of time during which the Offer is open by giving oral or written notice of such extension to the Depository. Any such extension will also be publicly announced by press release issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. The Fund confirms that if it makes a material change in the terms of the Offer or the information concerning the Offer, or if it waives a material condition of the Offer, the Fund will extend the Offer to the extent required by Rules 13e- 4(d)(2) and 13e-4(e)(2) under the Securities Exchange Act of 1934, as amended (the "Exchange Act"). During any extension, all Shares previously tendered and not withdrawn will remain subject to the Offer, subject to the right of a tendering shareholder to withdraw his Shares. See Section 4. Subject to the applicable regulations of the Securities and Exchange Commission (the "Commission"), the Fund also expressly reserves the right, in its sole discretion, at any time or from time to time (i) to delay acceptance for payment of, or, regardless of whether such Shares were therefore accepted for payment, payment for, any Shares or to terminate the Offer and not accept for payment or pay for any Shares not therefore accepted for payment, or paid for, upon the occurrence of any of the conditions specified in Section 12 and (ii) waive any condition or otherwise amend the Offer in any respect, by giving oral or written notice of such delay, termination or amendment to the Depository and by making a public announcement thereof. The Fund confirms that its reservation of the right to delay payment for Shares which it has accepted for payment is limited by Rule 13e-4(f)(5) under the Exchange Act, which requires that a tender offer or pay the consideration offered or return the tendered securities promptly after the termination or withdrawal of a tender offer. If, following the Expiration Date, the Fund is permitted under applicable law to delay acceptance for payment of or payment for Shares and does so, the Fund may not thereafter assert conditions to the Offer to delay or avoid acceptance for payment of or payment for Shares except to the extent permitted by applicable law. The Fund has been advised by the Staff of the Commission that the Exchange Act and the rules and regulations promulgated thereunder require that all conditions to the Offer, other than the receipt of certain governmental approvals, must be satisfied or waived prior to the Expiration Date. Any extension, delay, termination or amendment will be followed as promptly as practicable by public announcement thereof, such announcement in the case of an extension to be issued no later than 9:00 A.M., New York City time, on the next business day after the previously scheduled Expiration Date. Subject to applicable law (including Rule 13e-4(e)(2) under the Exchange Act, which requires that any material change in the information published, sent or given to shareholders in connection with the Offer be promptly disseminated to shareholders in a manner reasonably designed to inform shareholders of such change) and without limiting the manner in which the Fund may choose to make any public announcement, the Fund shall have no obligation to publish, advertise or otherwise communicate any such public announcement other than by making a release to the Dow Xxxxx News Service.