Release of Escrow Property. The Escrow Agent shall disburse the Escrow Property, as follows:
Release of Escrow Property. Pursuant to the Escrow Agreement, upon delivery by the Escrow Issuer to the Escrow Agent and the Trustee, not later than the Outside Date, of an officer’s certificate (in the form and substance as set forth in the Escrow Agreement) instructing the Escrow Agent to release the Escrowed Property and certifying that the following conditions (collectively, the “Escrow Release Conditions”) have been or, substantially concurrent with the release of the Escrowed Property will be, satisfied:
Release of Escrow Property. Upon the satisfaction of the Escrow Conditions on or prior to the Outside Date the Escrow Property will be released in accordance with the terms of the Escrow Agreement.
Release of Escrow Property. Upon the satisfaction of the Escrow Conditions, the Escrow Property will be released to the Company, in accordance with the terms of the Escrow Agreement, but shall be pledged to secure the Notes pursuant to the Security Documents to the extent constituting Collateral.
Release of Escrow Property. Upon the satisfaction of the Escrow Release Conditions on or prior to the Escrow Release Date as provided in the Escrow Agreement, the Escrow Property will be released in accordance with Section 5(a) of the Escrow Agreement and upon such release, the Notes shall no longer be subject to mandatory redemption pursuant to Section 3.12 hereof.
Release of Escrow Property. Subject to Section 2(a)(ii), the Escrow Agent is directed to hold and distribute the Escrow Property in the following manner:
Release of Escrow Property. Upon the satisfaction of the Escrow Conditions, including the execution and delivery by each Domestic Restricted Subsidiary of the Issuer required to be a Guarantor of a supplemental indenture in the form of Exhibit B hereto, the Escrow Property will be released to the Issuer, in accordance with the terms of the Escrow Agreement.
Release of Escrow Property. (i) If (1) the Depositor has not obtained NASD Approval (as defined in the Depositor's Certificate of Designations of its Series F Preferred Stock ("Certificate of Designations") or Shareholder Approval (as defined in the Certificate of Designations) and (2) a Buyer has elected to redeem up to that amount of Debentures held by such holder of which the Outstanding Principal Amount (as defined in the Debentures) is equal to (i) the Original Escrow Amount multiplied by (ii) a fraction (x) the numerator of which is the aggregate Outstanding Principal Amount of the Debentures held by such holder and (y) the denominator of which is equal to the aggregate Outstanding Principal Amount of all of the Debentures (the "Redemption") pursuant to Section 11(g) of the Debentures, the Buyer electing such Redemption will deliver to the Escrow Agent a written notice in the form of Exhibit B signed by the Buyer (a "Buyer Distribution Notice") setting forth the amount to be distributed to the Buyer determined as provided above and directing the distribution of all or a portion of its Pro-Rata Allocation together with all interest or fees earned thereon. Within five Business Days after receipt of a Buyer Distribution Notice, the Escrow Agent shall pay to the Buyer requesting such distribution, the amount of the Escrow Property specified in such Buyer Distribution Notice. The Escrow Agent shall, to the extent the Depositor has not certified to the Escrow Agent and Buyers that it has otherwise satisfied its obligation to pay accrued interest (or, in the case of Crescent, accrued fees) on the Debentures in accordance with their terms (the interest or, in the case of Crescent, fees, earned pursuant to the Debentures is collectively referred to herein as the "Debenture Escrow Interest"), also distribute to such Buyer the Buyer's Pro-Rata Allocation of such interest or fees in partial satisfaction of accrued interest (or, in the case of Crescent, accrued fees) owed under the Debentures.
Release of Escrow Property. 7.1 Immediately after the Anniversary Date, the Escrow Agent shall sell, hold and distribute the Escrow Shares and all other property then held in the Escrow Account in accordance with the following:
Release of Escrow Property a. Promptly after the General Fund Termination Date, the Escrow Agent shall distribute to the Indemnifying Stockholders the difference between (x) 80% of the initial Escrow Property (plus any Buyer Common Stock in respect thereof or in exchange therefor) and (y) any Escrow Property (or Buyer Common Stock in respect thereof or in exchange therefor) previously distributed to the Indemnified Persons pursuant to Section 4 hereof in respect of claims made pursuant to Sections 6.1(a), 6.1(b) and/or 6.1(c) of the Merger Agreement. Notwithstanding the foregoing, if an Indemnified Person has previously given a Claim Notice pursuant to Sections 6.1(a), 6.1(b) and/or 6.1(c) of the Merger Agreement which has not then been resolved in accordance with Section 4 hereof or Section 6.2 of the Merger Agreement (as applicable), the Escrow Agent shall retain in the Escrow Account an amount of Escrow Property having a Fair Market Value equal to the Claimed Amount covered by any Claim Notice which has not then been resolved (subject to the limitations set forth in Section 4(c)). Any Escrow Property so retained in escrow shall be disbursed in accordance with the terms of the resolution of such claims.
