Common use of Interpleader Clause in Contracts

Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the Exxxxxx Money, unless mutual written instructions are received by the Escrow Agent directing the Exxxxxx Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the Exxxxxx Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the Exxxxxx Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 7 contracts

Samples: Agreement of Purchase and Sale (Asset Capital Corporation, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.)

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Interpleader. Except as provided in Paragraph 9.2 Section 17.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the Exxxxxx MoneyXxxxxxx Money Deposit, unless mutual written instructions are received by the Escrow Agent directing the Exxxxxx Money’s Xxxxxxx Money Deposit's disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the Exxxxxx Xxxxxxx Money Deposit or, at the Escrow Agent’s 's option, the Escrow Agent may interplead all parties and deposit the Exxxxxx Xxxxxxx Money Deposit with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys' fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys' fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 6 contracts

Samples: Agreement of Sale and Purchase (Mack Cali Realty Corp), Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty Corp)

Interpleader. Except as provided in Paragraph Section 9.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the Exxxxxx Money, unless mutual written instructions are received by the Escrow Agent directing the Exxxxxx Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the Exxxxxx Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the Exxxxxx Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses does not prevail in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 2 contracts

Samples: And Indemnity Agreement (Bluerock Residential Growth REIT, Inc.), Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.)

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Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser mutually agree that that, except as otherwise provided in Paragraph 10.2 above, in the event of any controversy regarding the Exxxxxx Money, unless mutual written instructions are received by the Escrow Agent directing the Exxxxxx Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the Exxxxxx Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the Exxxxxx Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (MVP REIT, Inc.)

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