Common use of Deposit Amount Clause in Contracts

Deposit Amount. (a) The Purchaser shall, as soon as practicable following the Signing Date and, in any event, no later than the later of (i) March 15, 2013 and (ii) ten (10) days after the date on which the conditions in clauses 3.1(f) and (g) have been fulfilled for both the purchase of the Shares and the purchase of the Option Shares by the Investors (the “Deposit Due Date”), deposit or cause to be deposited into the account established with the Escrow Agent (the “Escrow Account”) by bank wire of immediately available funds an amount equal to the RMB equivalent of US$422,750,000 (the “Initial Deposit Amount”) pursuant to the Escrow Agreement. (b) If the Purchaser exercises the Option, the Purchaser shall deposit or cause to be deposited into the Escrow Account by bank wire of immediately available funds an amount equal to the RMB equivalent of US$52,250,000 (the “Option Deposit Amount”, together with the Initial Deposit Amount, the “Deposit Amount”) pursuant to the Escrow Agreement. In the event that the Purchaser breaches its obligation to deposit or cause to be deposited the Option Deposit Amount in accordance with this clause 2.5(b), the Parent’s sole remedy shall be to terminate the Option set forth herein by providing written notice to the Purchaser of such termination. (c) The Deposit Amount shall be applied in the manner set forth herein. The Escrow Agent shall release to the Seller (a) the Initial Deposit Amount on the Initial Completion Date as a partial payment of the Shares Purchase Price and (b) the Option Deposit Amount on the Subsequent Completion Date as a partial payment of the Option Purchase Price, but, in each case, only after receiving written instructions from the Purchaser (or the Arbitral Tribunal) to proceed with the applicable release. The parties shall execute an instruction letter to the Escrow Agent each time this Agreement requires the release of the Deposit Amount. The Escrow Agent shall otherwise release the applicable Deposit Amount, in whole or in part, to the Purchaser or the Seller in the manner described herein. (d) As between the Seller and the Purchaser, on the one hand, and the Escrow Agent, on the other, the Deposit Amount shall be applied in the manner set forth in the Escrow Agreement. In the event of any inconsistency between the terms of this Agreement and the Escrow Agreement, the terms of this Agreement shall control as between the Purchaser and the Seller.

Deposit Amount. (a) The Purchaser shallUpon execution of this Agreement, as soon as practicable following the Signing Date andBuyer shall deliver to J.P. Morgan Trust Company, in any event, no later than the later of (i) March 15, 2013 and (ii) ten (10) days after the date on which the conditions in clauses 3.1(f) and (g) have been fulfilled for both the purchase of the Shares and the purchase of the Option Shares by the Investors N.A. (the “Deposit Due Date”), deposit or cause to be deposited into the account established with the "Escrow Agent (the “Escrow Account”) by bank wire of immediately available funds an amount equal to the RMB equivalent of US$422,750,000 (the “Initial Deposit Amount”Agent") pursuant to the Escrow Agreement. (b) If ▇▇▇▇▇ ▇▇ ▇▇ escrow agreement among the Purchaser exercises the OptionBuyer, the Purchaser shall deposit or cause to be deposited into the Escrow Account by bank wire of immediately available funds an amount equal to the RMB equivalent of US$52,250,000 (the “Option Deposit Amount”, together with the Initial Deposit Amount, the “Deposit Amount”) pursuant to the Escrow Agreement. In the event that the Purchaser breaches its obligation to deposit or cause to be deposited the Option Deposit Amount in accordance with this clause 2.5(b), the Parent’s sole remedy shall be to terminate the Option set forth herein by providing written notice to the Purchaser of such termination. (c) The Deposit Amount shall be applied in the manner set forth herein. The Escrow Agent shall release to the Seller (a) the Initial Deposit Amount on the Initial Completion Date as a partial payment of the Shares Purchase Price and (b) the Option Deposit Amount on the Subsequent Completion Date as a partial payment of the Option Purchase Price, but, in each case, only after receiving written instructions from the Purchaser (or the Arbitral Tribunal) to proceed with the applicable release. The parties shall execute an instruction letter to the Escrow Agent each time this Agreement requires the release of the Deposit Amount. The Escrow Agent shall otherwise release the applicable Deposit Amount, in whole or in part, to the Purchaser or the Seller in the manner described herein. (d) As between the Seller and the Purchaser, on the one hand, Company and the Escrow Agent, on substantially in the otherform attached hereto as Exhibit A (the "Escrow Agreement"), the Deposit Amount in immediately available funds to be held by the Escrow Agent in an interest bearing account reasonably acceptable to the Buyer to serve as a down payment on the Purchase Price, and to be released in accordance with the following procedures: (i) on the Closing Date, the Company and the Buyer shall jointly instruct the Escrow Agent to deliver the Deposit Amount, together with the interest accrued thereon, by wire transfer of immediately available funds, to an account designated by the Company in the Escrow Agreement (and such amount shall be applied in towards the manner payment of the Purchase Price); (ii) upon termination of this Agreement by the Company pursuant to Section 13.1(c) as a result of the Buyer's failure to consummate the transactions contemplated hereunder after the fulfillment or satisfaction of all of the conditions set forth in Article VI, and provided that neither the Parent nor the Company has been in breach of this Agreement, the Company and the Buyer shall jointly instruct the Escrow Agent to deliver the Deposit Amount, together with the interest accrued thereon, by wire transfer of immediately available funds, to an account designated by the Company in the Escrow Agreement. In , to be retained by the event Company (and the payment of the Deposit Amount to the Company shall be the Company's and the Parent's sole and exclusive remedy for Damages resulting from any inconsistency between breach by the terms Buyer of this Agreement and or from termination of this Agreement for any other reason); and (iii) upon termination of this Agreement for any other reason, the Buyer shall instruct the Escrow Agent to deliver the Deposit Amount, together with the interest accrued thereon, by wire transfer of immediately available funds, to an account designated by the Buyer in the Escrow Agreement, to be retained by the terms of this Agreement shall control as between the Purchaser and the SellerBuyer.

Deposit Amount. (a) The Purchaser shallUpon execution of this Agreement, as soon as practicable following the Signing Date andBuyer shall deliver to ▇.▇. ▇▇▇▇▇▇ Trust Company, in any event, no later than the later of (i) March 15, 2013 and (ii) ten (10) days after the date on which the conditions in clauses 3.1(f) and (g) have been fulfilled for both the purchase of the Shares and the purchase of the Option Shares by the Investors N.A. (the “Deposit Due Date”), deposit or cause to be deposited into the account established with the "Escrow Agent (the “Escrow Account”) by bank wire of immediately available funds an amount equal to the RMB equivalent of US$422,750,000 (the “Initial Deposit Amount”Agent") pursuant to the Escrow Agreement. (b) If terms of an escrow agreement among the Purchaser exercises the OptionBuyer, the Purchaser shall deposit or cause to be deposited into the Escrow Account by bank wire of immediately available funds an amount equal to the RMB equivalent of US$52,250,000 (the “Option Deposit Amount”, together with the Initial Deposit Amount, the “Deposit Amount”) pursuant to the Escrow Agreement. In the event that the Purchaser breaches its obligation to deposit or cause to be deposited the Option Deposit Amount in accordance with this clause 2.5(b), the Parent’s sole remedy shall be to terminate the Option set forth herein by providing written notice to the Purchaser of such termination. (c) The Deposit Amount shall be applied in the manner set forth herein. The Escrow Agent shall release to the Seller (a) the Initial Deposit Amount on the Initial Completion Date as a partial payment of the Shares Purchase Price and (b) the Option Deposit Amount on the Subsequent Completion Date as a partial payment of the Option Purchase Price, but, in each case, only after receiving written instructions from the Purchaser (or the Arbitral Tribunal) to proceed with the applicable release. The parties shall execute an instruction letter to the Escrow Agent each time this Agreement requires the release of the Deposit Amount. The Escrow Agent shall otherwise release the applicable Deposit Amount, in whole or in part, to the Purchaser or the Seller in the manner described herein. (d) As between the Seller and the Purchaser, on the one hand, Company and the Escrow Agent, on substantially in the otherform attached hereto as Exhibit A (the "Escrow Agreement"), the Deposit Amount in immediately available funds to be held by the Escrow Agent in an interest bearing account reasonably acceptable to the Buyer to serve as a down payment on the Purchase Price, and to be released in accordance with the following procedures: (i) on the Closing Date, the Company and the Buyer shall jointly instruct the Escrow Agent to deliver the Deposit Amount, together with the interest accrued thereon, by wire transfer of immediately available funds, to an account designated by the Company in the Escrow Agreement (and such amount shall be applied in towards the manner payment of the Purchase Price); (ii) upon termination of this Agreement by the Company pursuant to Section 13.1(c) as a result of the Buyer's failure to consummate the transactions contemplated hereunder after the fulfillment or satisfaction of all of the conditions set forth in Article VI, and provided that neither the Parent nor the Company has been in breach of this Agreement, the Company and the Buyer shall jointly instruct the Escrow Agent to deliver the Deposit Amount, together with the interest accrued thereon, by wire transfer of immediately available funds, to an account designated by the Company in the Escrow Agreement. In , to be retained by the event Company (and the payment of the Deposit Amount to the Company shall be the Company's and the Parent's sole and exclusive remedy for Damages resulting from any inconsistency between breach by the terms Buyer of this Agreement and or from termination of this Agreement for any other reason); and (iii) upon termination of this Agreement for any other reason, the Buyer shall instruct the Escrow Agent to deliver the Deposit Amount, together with the interest accrued thereon, by wire transfer of immediately available funds, to an account designated by the Buyer in the Escrow Agreement, to be retained by the terms of this Agreement shall control as between the Purchaser and the SellerBuyer.

Deposit Amount. The Purchaser has delivered to the Escrow Agent pursuant to the terms of the Deposit Escrow Agreement $10 million in immediately available funds (such amount, together with the interest accrued thereon prior to the Closing, the "Deposit Amount"), to be held by the Escrow Agent in an interest bearing account reasonably acceptable to the Purchaser to serve as a down payment on the Consideration, and to be released in accordance with the following procedures: (a) The on the Closing Date, the Sellers and the Purchaser shallshall jointly instruct the Escrow Agent to deliver the Deposit Amount, as soon as practicable following by wire transfer of immediately available funds, to an account designated by the Signing Date andSellers in the Deposit Escrow Agreement (and such amount shall be applied towards the payment of the Consideration); (b) upon termination of this Agreement by Purchaser under Section 9.01(d)(v), in any event, no later than the later of Sellers and the Purchaser shall jointly instruct the Escrow Agent to deliver (i) March 15$3,000,000 of the Deposit Amount, 2013 by wire transfer of immediately available funds, to an account designated by the Sellers in the Deposit Escrow Agreement, to be retained by the Sellers and (ii) ten (10) days after the date on which the conditions in clauses 3.1(f) and (g) have been fulfilled for both the purchase remainder of the Shares and the purchase of the Option Shares Deposit Amount, by the Investors (the “Deposit Due Date”), deposit or cause to be deposited into the account established with the Escrow Agent (the “Escrow Account”) by bank wire transfer of immediately available funds funds, to an amount equal to account designated by the RMB equivalent of US$422,750,000 (Purchaser in the “Initial Deposit Amount”) pursuant to the Escrow Agreement. (b) If the Purchaser exercises the Option, the Purchaser shall deposit or cause to be deposited into retained by the Escrow Account by bank wire of immediately available funds an amount equal to the RMB equivalent of US$52,250,000 (the “Option Deposit Amount”, together with the Initial Deposit Amount, the “Deposit Amount”) pursuant to the Escrow Agreement. In the event that the Purchaser breaches its obligation to deposit or cause to be deposited the Option Deposit Amount in accordance with this clause 2.5(b), the Parent’s sole remedy shall be to terminate the Option set forth herein by providing written notice to the Purchaser of such termination.Purchaser; (c) The Deposit Amount shall be applied (i) upon termination of this Agreement by Polaroid under Section 9.01(e)(i) or 9.01(e)(ii), and provided that no Seller is then in the manner set forth herein. The Escrow Agent shall release to the Seller (a) the Initial Deposit Amount on the Initial Completion Date as a partial payment material breach of the Shares Purchase Price and (b) the Option Deposit Amount on the Subsequent Completion Date as a partial payment of the Option Purchase Price, but, in each case, only after receiving written instructions from this Agreement for which the Purchaser had previously notified Polaroid or (or ii) upon termination of this Agreement by the Arbitral Tribunal) to proceed with Purchaser in violation of this Agreement, the applicable release. The parties Sellers and the Purchaser shall execute an instruction letter to jointly instruct the Escrow Agent each time this Agreement requires the release of to deliver the Deposit Amount. The Escrow Agent shall otherwise release the applicable Deposit Amount, in whole or in partby wire transfer of immediately available funds, to an account designated by the Purchaser or the Seller Sellers in the manner described herein.Deposit Escrow Agreement, to be retained by the Sellers; and (d) As between the Seller and the Purchaser, on the one hand, and the Escrow Agent, on the other, the Deposit Amount shall be applied in the manner set forth in the Escrow Agreement. In the event of any inconsistency between the terms upon termination of this Agreement pursuant to Section 9.01 (other than Section 9.01(d)(v), 9.01(e)(i) or 9.01(e)(ii)), the Sellers and the Purchaser shall jointly instruct the Escrow Agent to deliver the Deposit Amount, by wire transfer of immediately available funds, to an account designated by the Purchaser in the Deposit Escrow Agreement, to be retained by the terms of this Agreement shall control as between the Purchaser and the SellerPurchaser.