Common use of Resignation and Removal of Escrow Agent Clause in Contracts

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty (30) days' prior written notice to Agent and Company or may be removed, with or without cause, by Agent and Company, acting jointly in writing, at any time by the giving of thirty (30) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelow. Upon any such notice of resignation or removal, Agent and Company jointly shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined in Section 3(a)(6) of the Securities Exchange Act of 1934). Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 2 contracts

Samples: Escrow Agreement (Apple Residential Income Trust Inc), Escrow Agreement (Apple Residential Income Trust Inc)

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Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' prior written notice to Agent and Company or may be removed, with or without cause, by Agent and Company, acting jointly in writing, at any time by the giving of thirty ten (3010) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelowherein below. Upon any such notice of resignation or removal, Agent and Company jointly shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined commercial bank, trust company or other financial institution with a combined capital and surplus in Section 3(a)(6) excess of the Securities Exchange Act of 1934)$5,000,000. Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring then Escrow Agent, and the retiring then Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring then Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 2 contracts

Samples: Escrow Agreement (Pods Inc), Escrow Agreement (Pods Inc)

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' prior written notice to Agent and Company or may be removed, with or without cause, by Agent and Company, acting jointly in writing, at any time by the giving of thirty ten (3010) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelowherein below. Upon any such notice of resignation or removal, Agent and Company jointly shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined commercial bank, trust company or other financial institution with a combined capital and surplus in Section 3(a)(6) excess of the Securities Exchange Act of 1934)$10,000,000. Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 2 contracts

Samples: Escrow Agreement (Pods Inc), Escrow Agreement (Pods Inc)

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty (30) days' prior written notice to Agent the Shareholder Representative and Company Parent or may be removed, with or without cause, by Agent the Shareholder Representative and CompanyParent, acting jointly in writingjointly, at any time by the giving of thirty ten (3010) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelow. Upon any such notice of resignation or removal, Agent the Shareholder Representative and Company Parent jointly shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined in Section 3(a)(6) of the Securities Exchange Act of 1934). Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent Escrow Agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Icoa Inc)

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' prior written notice to Agent and Company Issuer or may be removed, with or without cause, by Agent and CompanyIssuer, acting jointly in writing, at any time by the giving of thirty ten (3010) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelowherein. Upon any such notice of resignation or removal, Agent and Company Issuer jointly shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined commercial bank, trust company or other financial institution with a combined capital and surplus in Section 3(a)(6) excess of the Securities Exchange Act of 1934)$10,000,000. Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 1 contract

Samples: Escrow Agreement (JTH Tax Inc)

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' prior written notice to Agent and Company Issuer or may be removed, with or without causecause by Issuer, by Agent and Company, acting jointly in writing, at any time by the giving of thirty (30) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelowherein below. Upon any such notice of resignation or removal, Agent and Company jointly Issuer shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined in Section 3(a)(6) of the Securities Exchange Act of 1934). Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was served as Escrow Agent under this Escrow Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Del Mar Income Partners LTD)

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' prior written notice to Agent and Company Capital Tech or may be removed, with or without cause, by Agent and CompanyCapital Tech, acting jointly in writing, at any time by the giving of thirty ten (3010) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelowherein below. Upon any such notice of resignation or removal, Agent and Company jointly Capital Tech shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined commercial bank, trust company or other financial institution with a combined capital and surplus in Section 3(a)(6) excess of the Securities Exchange Act of 1934)$10,000,000. Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Capital Tech Inc)

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Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' prior written notice to Agent and Company the Corporation, or may be removed, with or without cause, by the Corporation by written direction of the Corporation to Escrow Agent and Company, acting jointly in writing, at any time by the giving of thirty ten (3010) days' prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelow. Upon any such notice of resignation or removal, Agent and Company jointly the Corporation shall appoint a successor Escrow Agent hereunder, which shall be a bank (an entity authorized by applicable law to serve as defined in Section 3(a)(6) of an escrow agent for the Securities Exchange Act of 1934)Offering. Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent Escrow Agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Bay National Corp)

Resignation and Removal of Escrow Agent. a. The Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty twenty (3020) days' Business Days prior written notice to the Company and the Subscription Agent and Company or may be removed, with or without cause, by Agent and Company, acting jointly the Company in writing, writing at any time by the giving of thirty ten (3010) days' days prior written notice to the Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent escrow agent as provided hereinbelowherein below. Upon any such notice of resignation or removal, Agent and the Company jointly shall appoint a successor Escrow Agent escrow agent hereunder, which shall be a bank (as defined commercial bank, trust company or other financial institution having total assets in Section 3(a)(6) excess of the Securities Exchange Act of 1934)$500 million. Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agentescrow agent, such successor Escrow Agent escrow agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall thereupon be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Meemic Holdings Inc)

Resignation and Removal of Escrow Agent. a. Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty ten (3010) days' ’ prior written notice to Agent the Underwriter and Company Issuer or may be removed, with or without cause, by Agent the Underwriter and CompanyIssuer, acting jointly in writingby furnishing a writing signed by the Issuer and the Underwriter to Escrow Agent, at any time by the giving of thirty ten (3010) days' ’ prior written notice to Escrow Agent. Such resignation or removal shall take effect upon the appointment of a successor Escrow Agent as provided hereinbelowherein below. Upon any such notice of resignation or removal, Agent the Issuer and Company jointly the Underwriter, jointly, shall appoint a successor Escrow Agent hereunder, which shall be a bank (as defined in Section 3(a)(6) of the Securities Exchange Act of 1934). Upon the acceptance in writing of any appointment as Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as escrow agent Escrow Agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement.such

Appears in 1 contract

Samples: Escrow Agreement (Stratus Services Group Inc)

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