Deposit of Exxxxxx Money Sample Clauses

Deposit of Exxxxxx Money. Within two (2) Business Days after the Effective Date, Purchaser shall deposit Twenty Million Dollars ($20,000,000) in cash as a good faith non-refundable deposit (such amount, including any interest earned thereon, the “Exxxxxx Money”) with the Escrow Agent (as defined below). For purposes of this Agreement, a “Business Day” shall mean any day of the year other than any Saturday or Sunday or any other day on which banks located in Mxxxxxxxxx County, Maryland generally are closed for business. The Escrow Agent shall hold and disburse the Exxxxxx Money in accordance with the escrow provisions in Exhibit B. The Exxxxxx Money shall be non- refundable, except as otherwise provided herein. Seller agrees that it shall not deliver any instruction to the Escrow Agent calling for disbursement of the Exxxxxx Money to Seller except following delivery of notice to Purchaser and Escrow Agent of a Purchaser default hereunder and following the expiration of any applicable cure period or as otherwise expressly provided in this Agreement, and Seller further agrees to provide Purchaser with a copy of such disbursement instruction concurrently with the delivery thereof to the Escrow Agent. Provided such supplemental escrow instructions are not in conflict with this Agreement as it may be amended in writing from time to time, Seller and Purchaser agree to execute such supplemental escrow instructions as may be appropriate to enable Escrow Agent to comply with the terms of this Agreement.

AutoNDA by SimpleDocs

Deposit of Exxxxxx Money. On or before the third (3rd) business day after the Effective Date hereof, Purchaser shall deposit with Fidelity National Title Insurance Company (in such capacity, the “Escrow Agent”), having its office at 200 Xxxxxxxx Xxxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000, Attention: Axx Xxxxxx, the sum of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) (the “Deposit”), either in good funds, by federal wire transfer or in the form of a Letter of Credit. The Escrow Agent shall hold the Deposit in an interest-bearing account reasonably acceptable to Seller and Purchaser, in accordance with the terms and conditions of this Agreement. All interest on such sum shall be deemed income of Purchaser until disbursement, and Purchaser shall be responsible for the payment of all costs and fees imposed on the Deposit account. The Deposit shall be distributed in accordance with the terms of this Agreement and any and all interest accrued against the Deposit shall be disbursed to the payee of the Deposit. The failure of Purchaser to timely deliver the Deposit hereunder shall be a material default, and shall entitle Seller, at Seller’s sole option, to terminate this Agreement immediately.

Deposit of Exxxxxx Money. Purchaser, pursuant to the Original PSA, deposited with Escrow Agent the amount of Two Hundred Thousand and no/100 Dollars ($200,000.00) (the “Exxxxxx Money”). The Exxxxxx Money shall be held by Escrow Agent in escrow as exxxxxx money and disbursed in accordance with the terms of this Agreement; provided, however, that Purchaser, Seller and Escrow Agent may enter into a separate escrow agreement to memorialize the obligations of Escrow Agent hereunder, the terms of which agreement shall substantially comply with the disbursement requirements set forth herein (the “Exxxxxx Money Escrow Agreement”).

Deposit of Exxxxxx Money. Purchaser shall on or before the Business Day following the Effective Date deposit the amount of Five Million and no/100 Dollars ($5,000,000.00) (the “First Deposit”) with Escrow Agent which is held in a strict joint order escrow as exxxxxx money pursuant to that certain Exxxxxx Money Escrow Agreement, dated as of September 6, 2006, among Seller, Purchaser and Escrow Agent in the form of Exhibit A (the “Exxxxxx Money Escrow Agreement”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with Article 4, the Exxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4 and the Exxxxxx Money Escrow Agreement. If Purchaser does not desire to terminate this Agreement pursuant to the Due Diligence Contingency, then Purchaser shall be obligated to deposit with Escrow Agent on the Business Day following the end of the Due Diligence Period an additional Two Million and 00/100 ($2,000,000.00) (the “Second Deposit”) to be held pursuant to the Exxxxxx Money Escrow Agreement and the Exxxxxx Money shall be non refundable to Purchaser, except as otherwise expressly provided in this Agreement.

Deposit of Exxxxxx Money. Purchaser shall deposit with Deposit Escrow Agent $4,000,000 (together with any interest earned thereon, the “Exxxxxx Money”) within two (2) Business Days after the Effective Date. If, in accordance with Section 4.1.1, Purchaser elects to terminate this Agreement during the Due Diligence Period, the Exxxxxx Money shall be refunded to Purchaser. If Purchaser elects to proceed to Closing by failing to deliver a Termination Notice prior to the expiration of the Due Diligence Period, then, the Exxxxxx Money shall be non- refundable to Purchaser, except as otherwise expressly provided in this Agreement.

Deposit of Exxxxxx Money. (i) Concurrently with the execution and delivery of this Agreement by Buyer, Buyer shall deposit with LandAmerica Commercial Services, 600 Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx XX 00000 (“Title Company”) the sum of Five Million and No/100 Dollars ($5,000,000.00) representing the first deposit of exxxxxx money paid hereunder by Buyer (“Initial Deposit”). A second deposit in the amount of Three Million and No/100 Dollars ($3,000,000.00) (“Second Deposit”) shall be payable by Buyer and deposited with the Title Company within two (2) business days of expiration of the Contingency Period (hereinafter defined) if Buyer does not exercise its right to terminate the Agreement in accordance with Paragraph 5(c) hereof. The Initial Deposit and Second Deposit, together with all interest earned thereon, are collectively referred to herein as the “Exxxxxx Money.”

Related to Deposit of Exxxxxx Money

Deposit of Moneys Prior to 10:00 a.m., New York City time, on each Interest Payment Date and on the Maturity Date, the Company shall have deposited with the Paying Agent in immediately available funds money sufficient to make cash payments, if any, due on such Interest Payment Date or on the Maturity Date, as the case may be, in a timely manner which permits the Trustee to remit payment to the Holders on such Interest Payment Date or on the Maturity Date, as the case may be.
Exxxxxx Money (i) Within five (5) business days after the execution and delivery of this Agreement by both Purchaser and Seller (the date this Agreement is executed and delivered by both Purchaser and Seller shall be referred to herein as the “Effective Date”), Purchaser shall deliver to First American Title Insurance Company (in such capacity, “Escrowee”), whose address is 30 Xxxxx XxXxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000, Attention: Jxxx X. Xxxxxxxxx, Xx., the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) in the form of a check payable to Escrowee, or a federal funds wire transfer to an account designated by Escrowee, which together with any additional exxxxxx money and any interest earned thereon is referred to in this Agreement as the “Exxxxxx Money”. If Purchaser so directs the Escrowee, Escrowee shall invest the Exxxxxx Money in an interest bearing savings account or short term U.S. Treasury Bills or similar cash equivalent securities. Any and all interest earned on the Exxxxxx Money shall be reported to Purchaser’s federal tax identification number, and the interest earned on such funds shall be paid or credited to the party entitled to receive the Exxxxxx Money as provided for in this agreement. The Exxxxxx Money shall be held by Escrowee pursuant to a joint order escrow agreement between Seller and Purchaser in the form attached as Exhibit B hereto (the “Exxxxxx Money Escrow Agreement”). The Exxxxxx Money shall be non-refundable except in the event of failure to close this transaction by reason of a default by Seller or if Purchaser is expressly otherwise entitled to the return of the Exxxxxx Money pursuant to the terms of this Agreement.
Xxxxxxx Money After acceptance by all Parties, the Buyer agrees to make a payment in the amount of $ as consideration by , 20 at : ☐ AM ☐ PM (“Xxxxxxx Money”). The Xxxxxxx Money shall be applied to the Purchase Price at Closing and subject to the Buyer’s ability to perform under the terms of this Agreement. Any Xxxxxxx Money accepted ☐ is ☐ is not required to be placed in a separate trust or escrow account in accordance with State law.
Deposit of Funds Before 11:00 A.M., New York City time, on each Redemption Date, Fundamental Change Repurchase Date or Interest Payment Date, and on the Maturity Date or any other date on which any cash amount is due on the Notes, the Company will deposit, or will cause there to be deposited, with the Paying Agent cash, in funds immediately available on such date, sufficient to pay the cash amount due on the applicable Notes on such date. The Paying Agent will return to the Company, as soon as practicable, any money not required for such purpose.
Deposit of Shares Subject to the terms and conditions of the Deposit Agreement and applicable law, Shares or evidence of rights to receive Shares (other than Restricted Securities) may be deposited by any person (including the Depositary in its individual capacity but subject, however, in the case of the Company or any Affiliate of the Company, to Section 5.7) at any time, whether or not the transfer books of the Company or the Share Registrar, if any, are closed, by Delivery of the Shares to the Custodian. Every deposit of Shares shall be accompanied by the following: (A) (i) in the case of Shares represented by certificates issued in registered form, appropriate instruments of transfer or endorsement, in a form reasonably satisfactory to the Custodian, (ii) in the case of Shares represented by certificates in bearer form, the requisite coupons and talons pertaining thereto, and (iii) in the case of Shares delivered by book-entry transfer and recordation, confirmation of such book-entry transfer and recordation in the books of the Share Registrar or of the applicable book-entry settlement entity, as applicable, to the Custodian or that irrevocable instructions have been given to cause such Shares to be so transferred and recorded, (B) such certifications and payments (including, without limitation, the Depositary’s fees and related charges) and evidence of such payments (including, without limitation, stamping or otherwise marking such Shares by way of receipt) as may be required by the Depositary or the Custodian in accordance with the provisions of the Deposit Agreement and applicable law, (C) if the Depositary so requires, a written order directing the Depositary to issue and deliver to, or upon the written order of, the person(s) stated in such order the number of ADSs representing the Shares so deposited, (D) evidence reasonably satisfactory to the Depositary (which may be an opinion of counsel) that all necessary approvals have been granted by, or there has been compliance with the rules and regulations of, any applicable governmental agency in the Cayman Islands, and (E) if the Depositary so requires, (i) an agreement, assignment or instrument reasonably satisfactory to the Depositary or the Custodian which provides for the prompt transfer by any person in whose name the Shares are or have been recorded to the Custodian of any distribution, or right to subscribe for additional Shares or to receive other property in respect of any such deposited Shares or, in lieu thereof, such indemnity or other agreement as shall be reasonably satisfactory to the Depositary or the Custodian and (ii) if the Shares are registered in the name of the person on whose behalf they are presented for deposit, a proxy or proxies entitling the Custodian to exercise voting rights in respect of the Shares for any and all purposes until the Shares so deposited are registered in the name of the Depositary, the Custodian or any nominee. Without limiting any other provision of the Deposit Agreement, the Depositary shall instruct the Custodian not to, and the Depositary shall not knowingly, accept for deposit (a) any Restricted Securities (except as contemplated by Section 2.14) nor (b) any fractional Shares or fractional Deposited Securities nor (c) a number of Shares or Deposited Securities which upon application of the ADS to Shares ratio would give rise to fractional ADSs. No Shares shall be accepted for deposit unless accompanied by evidence, if any is required by the Depositary, that is reasonably satisfactory to the Depositary or the Custodian that all conditions to such deposit have been satisfied by the person depositing such Shares under the laws and regulations of the Cayman Islands and any necessary approval has been granted by any applicable governmental body in the Cayman Islands, if any. The Depositary may issue ADSs against evidence of rights to receive Shares from the Company, any agent of the Company or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the Shares. Such evidence of rights shall consist of written blanket or specific guarantees of ownership of Shares furnished by the Company or any such custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the Shares. Without limitation of the foregoing, the Depositary shall not knowingly accept for deposit under the Deposit Agreement (A) any Shares or other securities required to be registered under the provisions of the Securities Act, unless (i) a registration statement is in effect as to such Shares or other securities or (ii) the deposit is made upon terms contemplated in Section 2.14, or (B) any Shares or other securities the deposit of which would violate any provisions of the Articles of Association. For purposes of the foregoing sentence, the Depositary shall be entitled to rely upon representations and warranties made or deemed made pursuant to the Deposit Agreement and shall not be required to make any further investigation. The Depositary will comply with written instructions of the Company (received by the Depositary reasonably in advance) not to accept for deposit hereunder any Shares identified in such instructions at such times and under such circumstances as may reasonably be specified in such instructions in order to facilitate the Company’s compliance with the securities laws of the United States.
Deposit of Proceeds Subject to Section 4(b), any interest, cash dividends or other cash distributions received in respect of any Investments and the net proceeds of any sale or payment of any Investments shall be promptly credited to, and held for the credit of the Reserve Account, and any distribution of property other than cash in respect of any Investment shall be credited to, and held for the credit of, the Reserve Account.
Xxxxxxx Money Deposit (a) Within three (3) Business Days after the full execution and delivery of this Contract, Buyer shall deposit the sum of Three Hundred Thousand and No/100 Dollars ($300,000.00) in cash, certified bank check or by wire transfer of immediately available funds (the “Initial Deposit”) with the Title Company, as escrow agent (“Escrow Agent”), which sum shall be held by Escrow Agent as xxxxxxx money. If, pursuant to the provisions of Section 3.1 of this Contract, Buyer elects to terminate this Contract at any time prior to the expiration of the Review Period, then the Escrow Agent shall return the Xxxxxxx Money Deposit to Buyer promptly upon written notice to that effect from Buyer. If Buyer does not elect to terminate this Contract on or before the expiration of the Review Period, Buyer shall, prior to the expiration of the Review Period, deposit the Additional Deposit with the Escrow Agent. The Initial Deposit and the Additional Deposit, and all interest accrued thereon, shall hereinafter be referred to as the “Xxxxxxx Money Deposit.”
DEPOSIT OF ITEMS You may make deposits to Your Account using any method available from Us, including deposits in person, by mail or electronic means. We have the right to refuse to accept any check or instrument for deposit at Our sole discretion. If You deposit an item and it is returned unpaid, We will debit Your Account for the amount of the item and charge You a fee. You will be liable to Us for the amount of any item You deposit which is returned unpaid, and in addition, will be responsible for any of Our costs and expenses incurred in the collection of such returned item from You, including reasonable attorneys' fees. Subject to Our Funds Availability Policy, You may not be able to withdraw funds from Your Account until We have received final settlement for any items deposited. If You make a deposit on a Saturday, Sunday, or a holiday, or after Our predetermined cut-off hour on business days, the deposit will be credited to Your Account as of the next business day.
Deposit of Documents (a) At or before the Closing, Seller shall deposit into escrow the following items:
Deposit of Escrow Funds By its execution hereof, Recipient acknowledges that the deposit of the Escrow Funds into escrow with Escrow Agent does not confer any rights or claims to the Escrow Funds by Recipient unless all of the conditions in Section 2 above and the conditions as set forth in the Grant Agreement, have been satisfied.