Common use of Inability to Deliver Clause in Contracts

Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 days after such delivery, the Escrow Agent shall return such uncleared Payments to the Company.

Appears in 18 contracts

Samples: Escrow Agreement (Sustinere Holdings, Inc.), Subscription Escrow Agreement (Atlantic Acquisition II, INc.), Subscription Escrow Agreement (Atlantic Acquisition II, INc.)

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Inability to Deliver. In the event that Payments checks for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 120 days after such delivery, the Escrow Agent shall return deliver such uncleared Payments checks to the Company.

Appears in 13 contracts

Samples: Escrow Agreement (CNL Health Care Properties Inc), Escrow Agreement (CNL Hospitality Properties Inc), Escrow Agreement (CNL Retirement Properties Inc)

Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 days after such delivery, the Escrow Agent shall return deliver such uncleared Payments to the Company, unless the Escrowed Funds are returned to subscribers pursuant to Paragraph 5(b) above, in which case the Escrow Agent shall be reimbursed by the Company for the amount of all uncleared payments.

Appears in 9 contracts

Samples: Escrow Agreement (Wellspring Aerospace International, Inc.), Escrow Agreement (New Gold Discoveries, Inc.), Escrow Agreement (Supportingsmallbusiness, Inc.)

Inability to Deliver. In the event that Payments checks for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 120 days after such delivery, the Escrow Agent shall return deliver such uncleared Payments checks to the CompanyCompany unless the Escrowed Funds are returned to subscribers pursuant to Paragraphs 5(b) or 5(c) above, in which case the Escrow Agent shall mail such uncleared checks to the subscribers.

Appears in 5 contracts

Samples: Escrow Agreement (Orange Hospitality, INC), Escrow Agreement (CNL Health Care Properties Inc), Escrow Agreement (CNL American Realty Fund Inc)

Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 120 days after such delivery, the Escrow Agent shall return deliver such uncleared Payments to the Company.

Appears in 4 contracts

Samples: Escrow Agreement (CNL Income Properties Inc), Escrow Agreement (CNL Income Properties Inc), Escrow Agreement (CNL Income Properties Inc)

Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 120 days after such delivery, the Escrow Agent shall return deliver such uncleared Payments to the CompanyCompany unless the Escrowed Funds are returned to subscribers pursuant to Paragraph 5(b) above, in which case the Escrow Agent shall mail such uncleared Payments to the subscribers.

Appears in 2 contracts

Samples: Escrow Agreement (CNL Hospitality Properties II, Inc.), Escrow Agreement (CNL Income Properties Inc)

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Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company Registrant pursuant to this Agreement are not cleared through normal banking channels within 5 days after such delivery, the Escrow Agent shall return such uncleared Payments to the CompanyRegistrant.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Allure Worldwide, Inc.)

Inability to Deliver. In the event that Payments payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 days after such delivery, the Escrow Agent shall return such uncleared Payments payments to the Company.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Stem Sales, Inc.)

Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to 10 this Agreement are not cleared through normal banking channels within 5 days after such delivery, the Escrow Agent shall return such uncleared Payments to the Company.

Appears in 1 contract

Samples: Subscription Escrow Agreement (DAS Acquisition Inc.)

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