Common use of Escrow Property Clause in Contracts

Escrow Property. The initial funds to be deposited with the Escrow Agent will be as follows: (a) Concurrently with the execution and delivery hereof and the issuance of the Notes, as provided in the Underwriting Agreement, the Underwriters will deposit, or cause to be deposited, with the Escrow Agent $1,382,801,000 and the Grantor will deposit, or cause to be deposited, with the Escrow Agent $55,000,000, in each case in cash or by wire transfer in immediately available funds (together, the “Initial Deposit”), which amounts collectively represent an amount sufficient to redeem in cash the Notes at a special redemption price equal to 101% of the aggregate principal amount of the Notes as required by Section 4.2 of the Supplemental Indenture (the “Special Redemption Price”), plus accrued and unpaid interest on the Notes from the date of issuance of the Notes to, but excluding, April 3, 2014 (the “Outside Redemption Date” and such total amount, the “Outside Redemption Total Amount”). (b) The Escrow Agent will accept the Initial Deposit and will hold such funds, all investments thereof, any Distributions (as hereinafter defined) and the proceeds of the foregoing in an escrow account (that shall be a Securities Account as defined in the Code) created by the Escrow Agent prior to or concurrently with the issuance of the Notes. Such escrow account will have account number ▇▇▇▇▇▇▇▇ and shall be maintained by the Escrow Agent in the name of the Trustee (such account, together with any other account maintained by the Escrow Agent hereunder, the “Escrow Account”) for disbursement in accordance with the provisions hereof. The Trustee will be the entitlement holder with respect to the Escrow Account. The Grantor will not have any access to the Escrow Account or funds or investments credited thereto, other than the limited contractual right to receive the Escrow Property (as defined below) under the circumstances specified in Sections 1.04(d) and 1.05 hereof. The Initial Deposit, the Escrow Account and all funds or securities now or hereafter credited to the Escrow Account, all investments of any of the foregoing, plus all interest, dividends and other distributions and payments on any of the foregoing (collectively, the “Distributions”) received or receivable by the Escrow Agent in respect of any of the foregoing, together with all Security Entitlements (as defined in Section 8-102 of the Code) in respect thereof and proceeds of any of the foregoing are collectively referred to herein as “Escrow Property.”

Appears in 2 contracts

Sources: Escrow and Security Agreement, Escrow and Security Agreement (IntercontinentalExchange Group, Inc.)

Escrow Property. The initial funds to be deposited with the Escrow Agent Financial Institution will be as follows: (a) Concurrently with the execution and delivery hereof and the issuance of the Notes, as provided in the Underwriting Purchase Agreement, the Underwriters Initial Purchasers will deposit, or cause to be deposited, with the Escrow Agent Financial Institution $1,382,801,000 375,000,000, and the Grantor will deposit, or cause to be deposited, with the Escrow Agent Financial Institution $55,000,00020,195,312.50, in each case in cash or by wire transfer in immediately available funds (together, the “Initial Deposit”), which amounts collectively represent an amount sufficient to redeem in cash the Notes at a special redemption price equal to 101100% of the aggregate principal amount of the Notes as required by Section 4.2 3.07 of the Supplemental Indenture (the “Special Redemption Price”), ) plus accrued and unpaid interest on the Notes from the date of issuance of the Notes that would accrue to, but excluding, April 3October 1, 2014 2013 (the “Outside Special Redemption Date” and such total amount, the “Outside Special Redemption Total Amount”), if the Notes are required to be redeemed pursuant to Section 3.07 of the Indenture. (b) The Escrow Agent Financial Institution will accept the Initial Deposit and will hold such funds, all investments thereof, any Distributions (as hereinafter defined) and the proceeds of the foregoing in an escrow account (that shall be a Securities Account as defined in the Code) created by the Escrow Agent Financial Institution prior to or concurrently with the issuance of the Notes. Such escrow account will have account number ▇▇▇▇▇▇▇▇ GLA 111-565 For further credit to TAS#538766 and shall be maintained by the Escrow Agent Financial Institution in the name of the Trustee (such account, together with any other account maintained by the Escrow Agent Financial Institution hereunder, the “Escrow Account”) for disbursement in accordance with the provisions hereof. The Trustee will be the entitlement holder with respect to the Escrow Account. The Grantor will not have any access to the Escrow Account or funds or investments credited thereto, other than the limited contractual right to receive the Escrow Property (as defined below) under the circumstances specified in Sections 1.04(d) and 1.05 hereof. The Initial Deposit, the Escrow Account and all funds or securities now or hereafter credited to the Escrow Account, all investments of any of the foregoing, plus all interest, dividends and other distributions and payments on any of the foregoing (collectively, collectively the “Distributions”) received or receivable by the Escrow Agent or the Financial Institution in respect of any of the foregoing, together with all Security Entitlements (as defined in Section 8-102 of the Code) in respect thereof and proceeds of any of the foregoing are collectively referred to herein as “Escrow Property.”

Appears in 1 contract

Sources: Escrow and Security Agreement (Tempur Pedic International Inc)

Escrow Property. The initial funds to be deposited with the Escrow Agent will be as follows: (a) Concurrently with the execution and delivery hereof and the issuance of the Notes, as provided in the Underwriting Agreement, the Underwriters will deposit, or cause to be deposited, with the Escrow Agent $1,382,801,000 and 2,482,762,500, which represents the Grantor will depositnet proceeds from the issuance of the Notes (after deducting the underwriting discounts but before offering expenses), or cause to be deposited, with the Escrow Agent $55,000,000, in each case in cash or by wire transfer in immediately available funds (together, the “Initial Deposit”), which amounts collectively represent an amount sufficient to redeem in cash the Notes at a special redemption price equal to 101% of the aggregate principal amount of the Notes as required by Section 4.2 of the Supplemental Indenture (the “Special Redemption Price”), plus accrued and unpaid interest on the Notes from the date of issuance of the Notes to, but excluding, April 3, 2014 (the “Outside Redemption Date” and such total amount, the “Outside Redemption Total Amount”). (b) The Escrow Agent will accept the Initial Deposit and will hold such funds, all investments thereof, any Distributions (as hereinafter defined) and the proceeds of the foregoing in an escrow account (that shall be a Securities Account as defined in the Code) created by the Escrow Agent prior to or concurrently with the issuance of the Notes. Such escrow account will have account number ▇▇▇▇▇▇▇▇ 256039000 and shall be maintained by the Escrow Agent in for the name benefit of the Trustee Grantor (such account, together with any other account maintained by the Escrow Agent hereunder, the “Escrow Account”) for disbursement in accordance with the provisions hereof. The Trustee will be the entitlement holder with respect to the Escrow Account. The Grantor will not have any access to the Escrow Account or funds or investments credited thereto, other than the limited contractual right to receive the Escrow Property (as defined below) under the circumstances specified in Sections 1.04(d) and 1.05 hereof. The Initial Deposit, the Escrow Account and all funds or securities now or hereafter credited to the Escrow Account, all investments of any of the foregoing, plus all interest, dividends and other distributions and payments on any of the foregoing (collectively, the “Distributions”) received or receivable by the Escrow Agent in respect of any of the foregoing, together with all Security Entitlements (as defined in Section 8-102 of the Code) in respect thereof and proceeds of any of the foregoing are collectively referred to herein as “Escrow Property.”

Appears in 1 contract

Sources: Escrow and Security Agreement (Intercontinental Exchange, Inc.)