Common use of Suspension of Performance or Disbursement Into Court Clause in Contracts

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, Company, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or if Agent and Company have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 12 contracts

Samples: Escrow Agreement (Apple Hospitality Five Inc), Escrow Agreement (Apple Reit Six Inc), Escrow Agreement (Apple REIT Eight, Inc.)

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Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between AgentPrincipal, CompanySelling Security Holders, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have Principal has not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 8 contracts

Samples: Escrow Agreemient (Village Xii Acquisition Corp), Escrow Agreemient (Village Xi Acquisition Corp), Escrow Agreemient (Village Xiii Acquisition Corp)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, Company, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have has not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 4 contracts

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

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, Company, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 4 contracts

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

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between AgentIssuer, CompanyUnderwriter, Escrow Agent, any Subscriber Subscribers or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have Issuer has not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 3 contracts

Samples: Escrow Agreement (Sardy House LLC), Escrow Agreement (Sardy House LLC), Escrow Agreement (Sardy House LLC)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, Company, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 2 contracts

Samples: Escrow Agreement (Apple Hospitality Two Inc), Escrow Agreement (Apple Hospitality Five Inc)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, Company, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or if Agent and Company have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 6 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 2 contracts

Samples: Escrow Agreement (Apple REIT Ten, Inc.), Escrow Agreement (Apple REIT Ten, Inc.)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, CompanyIssuer, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have Issuer has not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 2 contracts

Samples: Escrow Agreement (JTH Tax Inc), Subscription Escrow Agreement (Lockhart Caribbean Corp)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, CompanyCapital Tech, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent and Company have Capital Tech has not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Capital Tech Inc)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, CompanyIssuer, Escrow Agent, any Subscriber and/or Subscribers or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any and other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent Subscribers and Company Issuer have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Phoenix Real Estate Development Inc)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between AgentIssuer, Company, Escrow Agent, any Subscriber Subscribers or any other person third party with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s sole 's reasonable satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent Subscribers and Company Issuer have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 6 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole reasonable discretion, take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Del Mar Income Partners LTD)

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Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, the Company, the Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of the Escrow Agent hereunder, or if at any time the Escrow Agent is unable to determine, to the Escrow Agent’s sole reasonable satisfaction, the proper disposition of any portion of the Escrow Funds or the Escrow Agent’s proper actions with respect to its obligations hereunder, or if Agent and the Company have has not within thirty (30) 30 days of the furnishing by the Escrow Agent of a notice of resignation pursuant to Section 7 10 hereof appointed a successor Escrow Agent to act hereunder, then the Escrow Agent may, in its sole discretion, consult legal counsel selected by it and take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Ethanol Grain Processors, LLC)

Suspension of Performance or Disbursement Into Court. If, at any time, ----------------------------------------------------- there shall exist any dispute between AgentIssuer, Company, Escrow Agent, any Subscriber Subscribers or any other person third party with respect to the holding or disposition of any portion of the Escrow Funds or any and other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s sole 's reasonable satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent Subscribers and Company Issuer have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 6 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole reasonable discretion, take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Col China Online International Inc)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between AgentUnderwriter, CompanyIssuer, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent Underwriter and Company Issuer have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of or the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Southeast Interactive Technology Fund I LLC)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agentor among the Company, Companythe Portal Operator, Escrow Agent, any Subscriber or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s sole reasonable satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or if Agent and the Company have has not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 8 hereof appointed a successor Escrow Agent escrow agent to act hereunder, then Escrow Agent may, in its sole discretion, consult legal counsel selected by it and take either or both of the following actions:

Appears in 1 contract

Samples: Portal Agreement, Consulting Services Agreement (Viroment Capital, LLC)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, CompanyIssuer, Escrow Agent, any Subscriber Subscribers or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any and other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent Subscribers and Company Issuer have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 6 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Col China Online International Inc)

Suspension of Performance or Disbursement Into Court. If, at any time, there shall exist any dispute between Agent, CompanyIssuer, Escrow Agent, any Subscriber and/or Subscribers or any other person with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or if Agent Subscribers and Company Issuer have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Appears in 1 contract

Samples: Escrow Agreement (Phoenix Real Estate Development Inc)

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