Common use of Establishment of Escrow Account; Escrow Period Clause in Contracts

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of Shares, the Company shall establish the escrow account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares of Xxxxxx Validus Mission Critical REIT II, Inc.,” or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as of the date the Registration Statement is declared effective by the SEC. Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and the Company has informed the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with respect to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 below.

Appears in 3 contracts

Samples: Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.), Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.), Form of Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.)

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Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of Shares, the Company shall establish the escrow account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares of Xxxxxx Validus Mission Critical REIT IINexPoint Multifamily Realty Trust, Inc.,” or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as of the date the Registration Statement is declared effective by the SEC. Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and the Company has informed the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with respect to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 below.

Appears in 3 contracts

Samples: Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.), Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.), Form of Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.)

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of SharesUnits, the Company shall establish the escrow account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares Units of Xxxxxx Validus Mission Critical REIT IITriLinc Global Impact Fund, Inc.LLC,” or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as of the date the Registration Statement Offering Document is declared effective by the SEC. Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and the Company has informed the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement Offering Document and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with respect to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 below.

Appears in 2 contracts

Samples: Escrow Agreement (TriLinc Global Impact Fund LLC), Form of Escrow Agreement (TriLinc Global Impact Fund LLC)

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of Shares, the Company shall establish the escrow account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares of Xxxxxx Validus Mission Critical REIT IINexPoint Hospitality Trust, Inc.,” or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as of the date the Registration Statement is declared effective by the SEC. Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and the Company has informed the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with respect to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 below.

Appears in 2 contracts

Samples: Form of Escrow Agreement (NexPoint Hospitality Trust, Inc.), Form of Escrow Agreement (NexPoint Hospitality Trust, Inc.)

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of SharesShares pursuant to the Offering Document, the Company shall establish the escrow account Escrow Account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares of Xxxxxx Validus Mission Critical REIT IIUMB Bank, Inc.,” or such similar designation N.A., as the Company and the Escrow Agent for Logistics Property Trust Inc.” The Escrow Agent hereby agrees to maintain the funds contributed by the Ohio Subscribers, Pennsylvania Subscribers and Washington Subscribers in a manner in which they may agree (be separately accounted for by the “Escrow Account.”) records of the Transfer Agent so that the requirements set forth in Section 2 of this Agreement with respect to Ohio Subscribers, Pennsylvania Subscribers and Washington Subscribers can be satisfied. This Agreement shall be effective as on the date on which the Offering Document becomes effective and the Company shall notify the Transfer Agent and the Escrow Agent of the effective date of the Registration Statement is declared effective by the SECOffering Document. Except as otherwise set forth herein for the below with respect to Ohio Subscribers, Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: of (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and upon which the Company has informed raised the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); Minimum Offering, (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date termination of the Escrow Agent receives notice from Offering by the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect Company prior to the Registration Statement and has remained in effect for at least twenty (20) days receipt of the Minimum Offering (the “Escrow Period”). After With respect to Ohio Subscribers, the end Escrow Period shall continue until the earlier of (x) the date upon which the Company has raised at least $7.0 million of gross offering proceeds from all subscribers (the “Ohio Minimum Offering”), (y) the Closing Date, if the Company has not raised the Minimum Offering by the Closing Date or (z) the termination of the Escrow Period, Offering by the Company and its agents shall not deposit, and prior to the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with occurrence of (x) or (y). With respect to Pennsylvania Subscribers and Subscribers, the Escrow Period shall continue until the earlier of (a) the date upon which the Company has raised at least $75.0 million of gross offering proceeds from all subscribers (the “Pennsylvania Minimum Offering”), (b) the Closing Date, if the Company has not raised the Minimum Offering by the Closing Date or (c) the termination of the Offering by the Company prior to the occurrence of (a) or (b). With respect to Washington Subscribers, as set forth in Section 3 belowthe Escrow Period shall continue until the earlier of (A) the date upon which the Company has raised at least $10.0 million of gross offering proceeds from all subscribers (the “Washington Minimum Offering”), (B) the Closing Date, if the Company has not raised the Minimum Offering by the Closing Date or (C) the termination of the Offering by the Company prior to the occurrence of (A) or (B).

Appears in 2 contracts

Samples: Escrow Agreement (Logistics Property Trust Inc.), Escrow Agreement (Logistics Property Trust Inc.)

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of Shares, the Company shall establish the escrow account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares of Xxxxxx Validus Mission Critical REIT IINexPoint Multifamily Realty Trust, Inc.,” or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as of the date the Registration Statement is declared effective by the SEC. Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and the Company has informed the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with respect to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 below.

Appears in 1 contract

Samples: Form of Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.)

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Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of SharesOffering, the Company shall establish the escrow account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for Shares of Xxxxxx Validus Mission Critical REIT II, Inc.Greenbacker Renewable Energy Company LLC,” or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as of the date the Registration Statement Offering Document is declared effective by the SEC. Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: (i) the date that all Investor Funds held in the Escrow Account are distributed to the Company pursuant to Section 2(b) hereof and the Company has informed the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement Offering Document and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective investors, except with respect to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 below.

Appears in 1 contract

Samples: Form of Escrow Agreement (Greenbacker Renewable Energy Co LLC)

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of SharesOffering, the Company shall establish the escrow account Escrow Account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for to Shares of Xxxxxx Validus Mission Critical REIT IICM REIT, Inc.,or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as on the Effective Date and the Company shall notify the Transfer Agent and the Escrow Agent of the date Effective Date. All monies deposited in the Registration Statement is declared effective by Escrow Account are hereinafter referred to as “Escrowed Funds.” During the SEC. Escrow Period, the Company will cause the Dealer Manager and the Participating Dealers to instruct subscribers to make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for CM REIT, Inc.” Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers, as defined below), the escrow period “Escrow Period” shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: of (i) the date that all Investor Funds held in upon which the Escrow Account Agent receives confirmation from the Company and the Dealer Manager that the Company has raised the Minimum Offering, (ii) the Outside Date, or (iii) the termination of the Offering by the Company prior to the receipt of the Minimum Offering. Any payments received prior to the time, if any, that the Escrowed Funds are distributed deliverable to the Company pursuant to the provisions of Section 2(b2(c) hereof and the Company has informed below that are made payable to a party other than the Escrow Agent in writing that the Escrow Account is closed except with respect to Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect shall be returned to the Registration Statement and has remained in effect for at least twenty (20) days (Soliciting Dealer who submitted the “Escrow Period”)Payment. After the end of the Escrow Period, the Company and its agents shall not depositexcept as otherwise required for Pennsylvania Subscribers, and the Escrow Agent shall not acceptpromptly return to the Transfer Agent for deposit into an account designated by the Company any Payments received by the Escrow Agent or deposited into the Escrow Agent’s account, any additional amounts representing payments by prospective investors, except with respect pursuant to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 2(c) below.

Appears in 1 contract

Samples: Form of Escrow Agreement (CM REIT, Inc.)

Establishment of Escrow Account; Escrow Period. The Company hereby appoints the Escrow Agent as escrow agent for purposes of holding the Investor Funds on the terms and conditions set forth herein. On or prior to the commencement of the offering of SharesOffering, the Company shall establish the escrow account Escrow Account with the Escrow Agent, which shall be entitled “Escrow Account for the Benefit of Subscribers for to Shares of Xxxxxx Validus Mission Critical REIT IICM REIT, Inc.,or such similar designation as the Company and the Escrow Agent may agree (the “Escrow Account.”) This Agreement shall be effective as on the Effective Date and the Company shall notify the Processing Agent and the Escrow Agent of the date Effective Date. All monies deposited in the Registration Statement is declared effective by Escrow Account are hereinafter referred to as “Escrowed Funds.” During the SEC. Escrow Period, the Company will cause the Dealer Manager and the Participating Dealers to instruct subscribers to make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for CM REIT, Inc.” Except as otherwise set forth herein for the Pennsylvania Subscribers and the Washington Subscribers (and any Other Tennessee Subscribers, as defined below), the escrow period “Escrow Period” shall commence upon the effectiveness of this Agreement and shall continue until the earlier of: of (i) the date that all Investor Funds held in upon which the Escrow Account Agent receives confirmation from the Company and the Dealer Manager that the Company has raised the Minimum Offering, (ii) the Outside Date, or (iii) the termination of the Offering by the Company prior to the receipt of the Minimum Offering. Any payments received prior to the time, if any, that the Escrowed Funds are distributed deliverable to the Company pursuant to the provisions of Section 2(b) hereof and the Company has informed below that are made payable to a party other than the Escrow Agent in writing that shall be returned to the Participating Dealer who submitted the Payment. After the Escrow Account is closed Period, except with respect to as otherwise required for Pennsylvania Subscribers and the Washington Subscribers (and any Other Tennessee Subscribers); (ii) the Closing Date, in the event the Minimum Offering Requirement is not raised on or prior thereto; or (iii) the date the Escrow Agent receives notice from the SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Registration Statement and has remained in effect for at least twenty (20) days (the “Escrow Period”). After the end of the Escrow Period, the Company and its agents shall not deposit, and the Escrow Agent shall not acceptpromptly return to the Processing Agent for deposit into an account designated by the Company any Payments received by the Escrow Agent or deposited into the Escrow Agent’s account, any additional amounts representing payments by prospective investors, except with respect pursuant to Pennsylvania Subscribers and Washington Subscribers, as set forth in Section 3 2(b) below.

Appears in 1 contract

Samples: Escrow Agreement (CM REIT, Inc.)

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