XXXXXXX Money Provisions Sample Clauses

XXXXXXX Money Provisions. If the transaction closes, the xxxxxxx money deposit shall be credited against the total purchase price and shall be retained by Seller. If the xxxxxxx money deposit is forfeited to Seller as provided by this Agreement, the xxxxxxx money deposit shall be retained by Seller. If Buyer is entitled at any time to a return of the xxxxxxx money deposit, the xxxxxxx money deposit shall be paid to Buyer.
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XXXXXXX Money Provisions. Title Company shall not commingle the Xxxxxxx Money with any funds of the Title Company or others, and shall promptly provide Purchaser and Sellers with confirmation of the investments made. If the Closing under this Agreement occurs, the Title Company shall apply the Xxxxxxx Money to the Purchase Price at Closing and deliver it to Sellers. Except as otherwise expressly provided in this Agreement (including, without limitation, in Sections 2.3 and 3.2), upon not less than 5 business days’ prior written notice to the Title Company and the other party, Title Company shall deliver the Xxxxxxx Money to the party requesting the same; provided, however, that if the other party shall, within said 5 business day period, deliver to the requesting party and the Title Company a written notice that it disputes the claim to the Xxxxxxx Money, Title Company shall retain the Xxxxxxx Money until it receives written instructions executed by both Sellers and Purchaser as to the disposition and disbursement of the Xxxxxxx Money, or until ordered by final court order, decree or judgment, which is not subject to appeal, to deliver the Xxxxxxx Money to a particular party, in which event the Xxxxxxx Money shall be delivered in accordance with such notice, instruction, order, decree or judgment. Sellers and Purchaser mutually agree that in the event of any controversy regarding the Xxxxxxx Money, unless mutual written instructions are received by the Title Company directing the Xxxxxxx Money’s disposition, the Title Company shall not take any action, but instead shall await the disposition of any proceeding relating to the Xxxxxxx Money or, at the Title Company’s option, the Title Company may interplead all parties and deposit the Xxxxxxx Money with a court of competent jurisdiction in which event the Title Company may recover all of its court costs and reasonable attorneys’ fees. Sellers or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Title Company, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement. The parties acknowledge that the Title Company, in its capacity as escrow agent, is acting as a stakeholder solely at their request and for their convenience, that the Title Company shall not be deemed to be the agent of either of the parties, and that the Title Company shall not be liable to either of the parties for any action or omiss...
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XXXXXXX Money Provisions. 15.1 If Purchaser elects to terminate this Agreement pursuant to Section 6.2 or Section 6.6, Escrow Holder shall pay the Xxxxxxx Money to the Purchaser, less the cost of canceling the escrow, one (1) business day following Purchaser's termination of this Agreement (if the current investment cannot be liquidated in one (1) day, the Xxxxxxx Money shall be paid to the Purchaser as soon as reasonably possible) and, except for any Surviving Obligations, neither party shall have any further obligation or liability hereunder.
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XXXXXXX Money Provisions. (A) Upon the Closing, Escrowee is authorized and directed to pay the Xxxxxxx Money to Seller (or as Seller may direct) by the method of payment instructed by Seller.
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XXXXXXX Money Provisions. Escrow Agent is hereby instructed to deposit all such payments in a federally-insured money market or other similar account, subject to immediate withdrawal, at a bank located in Tucson, Arizona. If the escrow closes, all Xxxxxxx Money deposits in escrow shall be credited against the Purchase Price, and any interest earned on the Xxxxxxx Money deposits shall be paid to Seller. If the Xxxxxxx Money deposits are forfeited to Seller as provided by this Agreement, the Xxxxxxx Money deposits, with any interest earned thereon, shall be paid immediately to Seller. If Buyer is entitled at any time to a return of the Xxxxxxx Money deposits, any interest earned thereon shall be paid to Buyer.
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XXXXXXX Money Provisions. All Xxxxxxx Money deposits hereunder shall be in the form of cash cashiers check or wire transfer. From and after the Feasibility Termination Date, all Xxxxxxx Money shall be non-refundable (except as otherwise provided elsewhere in this Agreement). In the event of Close of Escrow, the Xxxxxxx Money shall be applied against the Purchase Price. Escrow Agent is authorized and instructed to deposit the Xxxxxxx Money promptly after it is received by Escrow Agent in a federally insured money market account, subject to immediate withdrawal without penalty, in a commercial bank doing business in Phoenix, Arizona. In the event that different or additional authorizations or directions are required by Escrow Agent prior to deposit of the Xxxxxxx Money as provided above, Escrow Agent shall obtain such authorizations or directions promptly and with diligence.
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XXXXXXX Money Provisions. (a) All Xxxxxxx Money, and additional deposits, required by this Agreement shall be deposited by wire transfer or other form of immediately available funds to the account of Escrow Agent. Escrow Agent is hereby instructed to deposit all Xxxxxxx Money, and any additional deposits, in a federally-insured money market or similar account, subject to immediate withdrawal, at a bank or savings and loan institution located in Maricopa County, Arizona (an “Approved Investment Account”). Upon Closing, the Xxxxxxx Money, any additional deposits and interest earned thereon shall be credited to the Purchase Price.
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XXXXXXX Money Provisions 
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Related to XXXXXXX Money Provisions

  • Special Provisions Relating to Certain Collateral 13 Section 4.05. Remedies. 15 Section 4.06. Deficiency 17 Section 4.07. Locations, Names, Etc 17 Section 4.08. Private Sale 17 Section 4.09. Application of Proceeds 17 Section 4.10. Attorney in Fact and Proxy 17 Section 4.11. Perfection and Recordation 18 Section 4.12. Termination 18 Section 4.13. Further Assurances 18

  • Compliance with Xxxxxxxx-Xxxxx Act The Company will comply with all applicable securities and other laws, rules and regulations, including, without limitation, the Xxxxxxxx-Xxxxx Act, and use its best efforts to cause the Company’s directors and officers, in their capacities as such, to comply with such laws, rules and regulations, including, without limitation, the provisions of the Xxxxxxxx-Xxxxx Act.

  • Statutory Provisions Any statutory or regulatory reference in this Agreement shall include a reference to any successor to such statute or regulation and/or revision thereof.

  • Guaranty Provisions Each Borrower acknowledges and agrees that, whether or not specifically indicated as such in a Loan Document, all Obligations shall be joint and several Obligations of each individual Borrower, and in furtherance of such joint and several Obligations, each Borrower hereby irrevocably guarantees the payment of all Obligations of each other Borrower as set forth below.

  • Custody Provisions (a) The Custodian shall act as custodian of the Certificated Depositary Interests and the Notes, as the case may be, and any related cash or other assets for the benefit of the registered holder(s) from time to time of the Certificated Depositary Interests. The Custodian shall be entitled to utilize the Depositary (or any other securities depository, book-entry system or clearing agency authorized to act as such pursuant to applicable law and identified to the Company from time to time) and Subcustodians to the extent possible in connection with its performance hereunder. The Certificated Depositary Interests, the Notes, and any related cash or other assets deposited by the Custodian in a Depositary (or such other securities depository, book-entry system or clearing agency) will be held subject to the rules, terms and conditions of the Depositary (or such other securities depository, book-entry system or clearing agency). The Certificated Depositary Interests, the Notes, and any related cash or other assets held through Subcustodians shall be held subject to the terms and conditions of the Custodian’s agreements with such Subcustodians. Subcustodians may be authorized to hold securities in central securities depositories or clearing agencies in which such Subcustodians participate. Unless otherwise required by local law or practice or a particular subcustodian agreement, the Certificated Depositary Interests, the Notes, and other assets deposited with the Subcustodians will be held in a commingled account in the name of the Custodian as custodian or trustee for its customers. The Custodian shall identify on its books and records the Certificated Depositary Interests, the Notes, and any related cash or other assets, whether held directly or indirectly through the Depositary (or such other securities depository, book-entry system or clearing agency) or the Subcustodians.

  • Survival of Provisions Upon Invalidity of Any Single Provision In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  • Buyout Provisions The Committee may at any time (i) offer to buy out for a payment in cash or cash equivalents an Option previously granted or (ii) authorize a Participant to elect to cash out an Option previously granted, in either case at such time and based upon such terms and conditions as the Committee shall establish.

  • SUNDRY PROVISIONS Section 1. This Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, and shall form a part thereof and all of the provisions contained in the Original Indenture in respect to the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. The Trustee agrees to accept and act upon instructions or directions pursuant to this Supplemental Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Company shall provide to the Trustee an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions pursuant to this Supplemental Indenture (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling in the absence of manifest error. Subject to Sections 14.02 and 14.03 of the Indenture, the Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding whether such instructions conflict or are inconsistent with a subsequent written instruction. Subject to Sections 14.02 and 14.03 of the Indenture, the Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee pursuant to this Supplemental Indenture, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

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