Common use of CERTAIN CONDITIONS OF THE OFFER Clause in Contracts

CERTAIN CONDITIONS OF THE OFFER. Purchaser will not be required to accept for payment or to pay for any Units tendered, and may amend or terminate the Offer if: o the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the Units, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after July 18, 2001, and that the Partnership will change the address associated with the holder of the Units to Purchaser's address; o the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to that condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion on or prior to the expiration of the offer. The failure by the Purchaser at any time on or prior to the expiration of the offer to exercise these rights will not be deemed a waiver of those rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time on or prior to the expiration of the offer. Any determination by the Purchaser concerning the events described in this Section 15 will be final and binding upon all parties.

Appears in 1 contract

Sources: Offer to Purchase (Equity Resource Group Inc Et Al)

CERTAIN CONDITIONS OF THE OFFER. Purchaser in its sole discretion, for any reason, may terminate the offer by providing notice of termination as set forth in Section 5. The Purchaser will not be required to accept for payment or to pay for any Units Interests tendered, and may amend or terminate the Offer if: o : (i) the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the UnitsInterests, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after July 18February 28, 2001, 1998 and that the Partnership will change the Seller's address associated with the holder of the Units to Purchaser's address; o or (ii) the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to that such condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion on or prior to the expiration of the offerdiscretion. The failure by the Purchaser at any time on or prior to the expiration of the offer to exercise these the foregoing rights will not be deemed a waiver of those such rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time on or prior to the expiration of the offertime. Any determination by the Purchaser concerning the events described in this Section 15 13 will be final and binding upon all parties.

Appears in 1 contract

Sources: Offer to Purchase Interests (Arlen Capital Advisors LLC)

CERTAIN CONDITIONS OF THE OFFER. Purchaser, in its sole discretion, for any reason, may terminate the Offer by providing notice of termination as set forth in Section 5 of this Offer to Purchase. The Purchaser will not be required to accept for payment or to pay for any Units tendered, and may amend or terminate the Offer if: o - the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the Units, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after July 18March 5, 2001, and that the Partnership will change the address associated with the holder of the Units to Purchaser's address; o - the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to that condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion on or prior to the expiration of the offerdiscretion. The failure by the Purchaser at any time on or prior to the expiration of the offer to exercise these rights will not be deemed a waiver of those rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time on or prior to the expiration of the offertime. Any determination by the Purchaser concerning the events described in this Section 15 will be final and binding upon all parties.

Appears in 1 contract

Sources: Offer to Purchase (Equity Resource Group Inc Et Al)

CERTAIN CONDITIONS OF THE OFFER. Purchaser in its sole discretion, for any reason, may terminate the offer by providing notice of termination as set forth in Section 5. The Purchaser will not be required to accept for payment or to pay for any Units Interests tendered, and may amend or terminate the Offer if: o : (i) the Purchaser shall not have confirmed to its reasonable satisfaction that, upon purchase of the UnitsInterests, the Purchaser will be entitled to receive all distributions, from any source, from the Partnership after July 18February 28, 2001, 1998 and that the Partnership will change the Seller's address associated with the holder of the Units to Purchaser's address; o ; (ii) the Agreement of Sale is not properly completed and duly executed. The foregoing conditions are for the sole benefit of the Purchaser and its affiliates and may be asserted by the Purchaser regardless of the circumstances (including, without limitation, any action or inaction by the Purchaser or any of its affiliates) giving rise to that such condition, or may be waived by the Purchaser, in whole or in part, from time to time in its sole discretion on or prior to the expiration of the offerdiscretion. The failure by the Purchaser at any time on or prior to the expiration of the offer to exercise these the foregoing rights will not be deemed a waiver of those such rights, which rights will be deemed to be ongoing and may be asserted at any time and from time to time on or prior to the expiration of the offertime. Any determination by the Purchaser concerning the events described in this Section 15 13 will be final and binding upon all parties.

Appears in 1 contract

Sources: Offer to Purchase Interests (Arlen Capital Advisors LLC)