Retained Funds. Pursuant to the Purchase Documents, Landlord is holding the Retained Funds as security for the faithful observance and performance by Tenant of all the terms, covenants and conditions of this Lease by Tenant to be observed and performed. The Retained Funds shall not be mortgaged, assigned, transferred or otherwise encumbered by Tenant or any of its Affiliated Persons without the prior written consent of Landlord and any such act on the part of Tenant or any of its Affiliated Persons without first having obtained Landlord's consent shall be without force and effect and shall not be binding upon Landlord. If an Event of Default shall occur and be continuing, Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply the entire Retained Funds or so much thereof as may be necessary to compensate Landlord toward the payment of Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant. It is understood and agreed that the Retained Funds are not to be considered as prepaid rent, nor shall damages be limited to the amount of the Retained Funds. Provided no Event of Default shall have occurred and be continuing, any unapplied balance of the Retained Funds shall be paid to Tenant or its Affiliated Persons at the end of the Term or, in the event of any early termination of this Lease with respect to any Property, such portion thereof as is allocable to such Property (as reasonably determined by Landlord) upon such termination. Landlord shall have no obligation to pay interest on the Retained Funds and shall have the right to commingle the same with Landlord's other funds. If Landlord conveys Landlord's interest under this Lease, the Retained Funds, or any part thereof not previously applied, shall be turned over by Landlord to Landlord's grantee, and, if so turned over, Tenant shall look solely to such grantee for proper application of the Retained Funds in accordance with the terms of this Section 3.5 and the return thereof in accordance herewith. The holder of a mortgage on the Leased Property shall not be responsible to Tenant for the return or application of the Retained Funds, if it succeeds to the position of Landlord hereunder, unless the Retained Funds shall have been received in hand by such holder. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, the Retained Funds shall be deemed to be applied first to the pa...
Retained Funds. The TCEQ may retain up to 25% of the total reimbursement funds pending the successful completion of the Implementation Period of the Grant Activities. Release of these funds may be requested in the final Request for Reimbursement. The TCEQ may, at its discretion, release the final reimbursement funds prior to the completion of the Implementation Period, subject to a determination that the project will be completed.
Retained Funds. Notwithstanding any term or provision to the contrary herein, in the event that this Agreement is terminated pursuant to Section 12.1 or 12.2, Landlord shall credit any unapplied balance of the Retained Funds to any claims or damages to which Landlord is entitled and to the extent that any portion of the Retained Funds allocable to the Leased Property remain after such credit, Landlord shall promptly pay such portion as provided in the Purchase Agreement.
Retained Funds. 14 1.93 SEC ........................................................14 1.94 State ......................................................14 1.95 Stock Pledge Agreement .....................................14 1.96
Retained Funds. 4 1.32 Sellers.....................................................4 1.33
Retained Funds. 31 ARTICLE 4
Retained Funds. 17 1.94 SEC...........................................................................17 1.95 Second Lease..................................................................17 1.96
Retained Funds. Upon the death of the Beneficiary, any amounts that remain in the sub-account of such Beneficiary shall be deemed surplus Trust property and shall be retained by the Trust and used in conformity with 42 U.S.C. §1396p(d)(4)(C), amended August 10, 1993 by the Omnibus Budget Reconciliation Act of 1993, the Social Security Policy Operation Manual (POMS) SI 01120.203, Exceptions to Counting Trusts Established on or after 1/1/00, and any related State statutes and rules.
Retained Funds. As set forth in Section 7.2(j), the DFW Retention Funds and the Tempe Retention Funds shall be contributed or credited to Purchaser or its designees at Closing (along with any rights thereto) without any corresponding adjustment to the Closing Statement or the Aggregate Purchase Price.
Retained Funds. The Company agrees to hold $2,500,000 of the Purchase Price (the "Retained Funds") and the equivalent number of Shares, based upon a price of $40 per share, consisting of EAC III Shares and SGC Shares pro rata (the "Retained Shares"), pending the consummation of the ThinkBox Acquisition. The Retained Funds shall be released for the Company's use in installments as required by the Company to make the Payments (as defined in the ThinkBox Acquisition Agreement) upon the terms of the ThinkBox Acquisition Agreement, as such agreement may be amended from time to time, and an equivalent number of Retained Shares shall be released by the Company to the Purchasers pro rata immediately after each such release of Retained Funds. If the ThinkBox Acquisition Agreement is abandoned or terminated before all of the Retained Funds have been used by the Company as provided above, such remaining Retained Funds shall be returned to the Purchasers pro rata, together with interest on such returned funds, computed at a rate per annum equal to 9.75% from the Closing to the date such funds are returned, and the remaining Retained Shares shall not be issued to the Purchasers. If the Initial Closing (as defined in the ThinkBox Acquisition Agreement) of the ThinkBox Acquisition does not occur within ninety (90) days of the Closing, the Retained Funds will be returned to the Purchasers pro rata in their entirety, together with interest on such returned funds, computed at a rate per annum equal to 9.75% from the Closing to the date such funds are returned, and none of the Retained Shares shall be issued to the Purchasers.
