Escrowed Amounts. (i) On the Aleris Incremental Escrow Date, subject to the satisfaction of the conditions precedent set forth in Section 5 of the Aleris Increase Joinder Amendment, each Aleris Incremental Term Lender shall, severally and not jointly, make an Aleris Incremental Term Loan in Dollars to Novelis Acquisitions by depositing or causing to be deposited with the Escrow Agent in the Escrow Account an amount, in immediately available funds, equal to such Aleris Incremental Lender’s pro rata share (as a percentage of the aggregate Aleris Incremental Term Loan Commitments of all Aleris Incremental Term Lenders on such date immediately prior to giving effect to such funding) of the aggregate amount of Aleris Incremental Term Loans requested by Novelis Acquisitions to be borrowed pursuant to the Borrowing Request in respect thereof, which pro rata share shall not exceed such Aleris Incremental Term Lender’s Aleris Incremental Term Loan Commitment on the Aleris Incremental Escrow Date; provided that, at the option of the Designated Company as set forth in the Borrowing Request, some or all of the fees payable pursuant to the Fee Letters may be paid by netting the fees payable to the applicable Aleris Incremental Term Lender against the amount of the Aleris Incremental Term Loans required to be funded by such Aleris Incremental Term Lender.
Escrowed Amounts. (i) On the Escrow Date, subject to the satisfaction of the conditions precedent set forth in Section 4.02, each Lender shall, severally and not jointly, make a Term Loan in Dollars to the Borrower by depositing or causing to be deposited with the Escrow Agent in the Escrow Account an amount, in immediately available funds, equal to such Lender’s pro rata share (as a percentage of the aggregate Term Loan Commitments of all Lenders on such date immediately prior to giving effect to such funding) of the aggregate amount of Term Loans requested by the Borrower to be borrowed pursuant to the Borrowing Request in respect thereof, which pro rata share shall not exceed such Lender’s Term Loan Commitment on the Escrow Date; provided that, at the option of the Designated Company as set forth in the Borrowing Request, some or all of the fees payable pursuant to the Fee Letters may be paid by netting the fees payable to the applicable Lender against the amount of the Term Loans required to be funded by such Lender.
Escrowed Amounts. The parties hereto acknowledge that the Purchase Price Holdback Amount and the Meyerowitz Escrow Amount, are being held for the benefit of the Vendors to the extent of the Vendors’ interest in such amounts as provided hereunder, and do not constitute the Purchaser’s funds for any purpose except in accordance with the terms of this Agreement, the Purchase Price Escrow Agreement, if any, the Instrument, if any, and the Meyerowitz Escrow Agreement.
Escrowed Amounts. 29 Section 8.2 Purchase Price Adjustments/Gift Certificate True-Up.............................................30 Section 8.3 Buyer's Conditions to Closing...................................................................32 Section 8.4 Sellers' Conditions to Closing..................................................................33 ARTICLE IX: MISCELLANEOUS...................................................................................34 Section 9.1 Notices.........................................................................................34
Escrowed Amounts. At Closing, Buyer shall deliver to the Escrow Agent, pursuant to an Escrow Agreement substantially in the form attached hereto as Exhibit 8.1, the sum of 95% of the face amount of all outstanding, untendered gift certificates issued by Sellers through the Closing (the "Gift Certificate Escrowed Amount") and (ii) Five Hundred Thousand Dollars ($500,000) (the "General Escrowed Amount"). Claims against the General Escrowed Amount shall be limited to claims made by Buyer under Sections 1.1, 4.6 through 4.9, 4.12, 4.13, 4.14, 4.17, 4.21, Article V, and Section 8.2(a).
Escrowed Amounts. During the period following the Closing Date and ending ninety days (90) days following the Closing Date (the “Document Recovery Period”), each of the Seller, the Series Administrator and the Note Purchaser shall in good faith attempt to resolve all issues with respect to the purchase under this Agreement of all Document Defective Loans that were deemed to have been conditionally accepted for purchase at Closing pursuant to Section 3.02(a) on account of Missing Material Loan Documents. At the end of the Document Recovery Period:
Escrowed Amounts. (i) The Purchaser shall deliver or cause to be delivered to the Escrow Agent on the Closing Date:
Escrowed Amounts. Not later than one Business Day following the receipt of any Escrowed Amounts by any Company, Borrower shall apply 50% of such Escrowed Amounts to make prepayments in accordance with Sections 2.10(h).
Escrowed Amounts. The Buyers have deposited Fifty Thousand Dollars ($50,000) (the “Escrow Amount”) into an escrow account with XxxXxxxxx Law Offices (the “Initial Escrow Agent”) and have entered into an escrow agreement with the Seller dated October 16, 2009 (the “Initial Escrow Agreement”), attached hereto as Exhibit A. Pursuant to the Initial Escrow Agreement, the Initial Escrow Agent will hold the Escrow Amount in trust for the benefit of the Buyers until returned to the Buyers or delivered to the Sellers as herein required. The Escrow Amount will be considered a portion of the Purchase Price (as defined below) and will be delivered as set forth in the Initial Escrow Agreement and this Section 2. If this Agreement is terminated, then in accordance with the Initial Escrow Agreement, the Initial Escrow Agent will immediately return the Escrowed Amount to the Buyers, less the bank’s standard wire transfer charge.
Escrowed Amounts. The Buyer has deposited Fifty Thousand Dollars ($50,000.00) (the "Escrow Amount") as part of the Purchase Price into escrow with the Seller's counsel (the "Escrow Agent"). The Escrow Agent, pursuant to that certain escrow agreement between the Buyer, Seller and Escrow Agent dated June 16, 2004 ("Escrow Agreement") shall hold the Escrow Amount until the escrowed amount is released as provided in the Escrow Agreement.
