Common use of After the Clause in Contracts

After the. Second Anniversary and promptly upon final resolution and payment of all Claims outstanding as provided in Section 2.2 hereof, the balance of the Escrow Fund then remaining, if any, shall be released to the Stockholders according to their Proportionate Interests. Notwithstanding anything to the contrary in this Agreement, all portions of the Escrow Fund that, upon the Second Anniversary, are being withheld for a pending Claim that (i) is based solely on AvantGo's receipt of written notice from a third party regarding a potential suit, shall be released to the Stockholders in accordance with their Proportionate Interests if, within three months after the Second Anniversary, such third party has not yet filed a lawsuit against AvantGo; or (ii) is otherwise based solely on AvantGo's reasonable anticipation that it will incur damages relating to Claims that arose prior to the expiration of the Survival Period, shall, if no written notice from a third party regarding a potential suit is received by AvantGo on or prior to the Second Anniversary, be released to the Stockholders in accordance with their Proportionate Interests on the Second Anniversary.