Amended And Restated Escrow Agreement Sample Contracts

Cottonwood Communities, Inc. – AMENDED AND RESTATED ESCROW AGREEMENT (Subscription Proceeds) (August 8th, 2018)
Canadian Cannabis Corp. – Amended and Restated Escrow Agreement (March 1st, 2018)

Norton Rose Fulbright Canada LLP, a limited liability partnership carrying on the practice of law in the Province of Alberta (the Escrow Agent)

Bright Mountain Acquisition Corp – Amended and Restated Escrow Agreement (November 20th, 2017)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (the "Escrow Agreement"), dated November 14, 2017, effective as of September 19, 2017 (the Effective Date), is by and among Bright Mountain Media, Inc., a Florida corporation (the Buyer), Harry G. Pagoulatos (Pagoulatos), George G. Rezitis ("Rezitis"), Angelos Triantafillou ("Triantafillou"), Vinay Belani ("Belani") and Pearlman Law Group LLP, as escrow agent (the Escrow Agent). Pagoulatos, Rezitis and Triantafillou are sometimes collectively referred to as the Members and individually as a Member. Capitalized terms used but not defined herein have the meaning afforded to them in the Purchase Agreement (defined below).

Caesars Entertainment Corporation Amended and Restated Escrow Agreement (October 13th, 2017)

THIS CAESARS ENTERTAINMENT CORPORATION AMENDED AND RESTATED ESCROW AGREEMENT (the Escrow Agreement) is made by and between Caesars Entertainment Corporation (formerly known as The Promus Companies Incorporated, a Delaware corporation, and Harrahs Entertainment, Inc., the Company) and Wells Fargo Bank N.A., successor by merger to Wells Fargo Bank Minnesota, N.A. (the Escrow Agent).

PACIFIC OIL Co – Amended and Restated Escrow Agreement (February 9th, 2017)

This AMENDED AND RESTATED ESCROW AGREEMENT (this "Agreement"), dated effective as of March 25, 2016 (the "Effective Date"), is by and among Financial Gravity Holdings, Inc., a Texas corporation (the "Company"), each of the individuals listed on the signature page hereto (the "Sellers"), Edward A. Lyon, as representative of the Sellers (the "Sellers' Representative"), and American Escrow Company, as escrow agent (the "Escrow Agent").

Hertz Rental Car Holding Company, Inc. – FOURTH AMENDED AND RESTATED ESCROW AGREEMENT Dated as of June 30, 2016 Among THE HERTZ CORPORATION, as a Legal Entity and Exchangor, HERTZ VEHICLE FINANCING LLC, as a Legal Entity and Exchangor, HERTZ GENERAL INTEREST LLC, as a Legal Entity and Exchangor, HERTZ CAR SALES LLC, as a Legal Entity and Exchangor, HERTZ CAR EXCHANGE INC., as Qualified Intermediary and DEUTSCHE BANK TRUST COMPANY AMERICAS, as the Escrow Agent. (July 7th, 2016)

This FOURTH AMENDED AND RESTATED ESCROW AGREEMENT (as amended, modified or supplemented from time to time in accordance with the provisions hereof, this Escrow Agreement) is entered into as of June 30, 2016, by and among, HERTZ CAR EXCHANGE INC., a Delaware corporation (the QI), Deutsche Bank Trust Company Americas, as the escrow agent (the Escrow Agent), THE HERTZ CORPORATION, a Delaware corporation (Hertz), HERTZ VEHICLE FINANCING LLC, a Delaware limited liability company (HVF), HERTZ GENERAL INTEREST LLC, a Delaware limited liability company (HGI) and HERTZ CAR SALES LLC, a Delaware limited liability company (HCS).

Logistics Property Trust Inc. – Amended and Restated Escrow Agreement (July 1st, 2016)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this Agreement) made and entered into as of July 1, 2016 by and among Dividend Capital Securities LLC, a Colorado limited liability company (the Dealer Manager), Industrial Logistics Realty Trust Inc., a Maryland corporation (the Company), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the Escrow Agent).

KBS Growth & Income REIT, Inc. – Amended and Restated Escrow Agreement (March 25th, 2016)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this Agreement) is made and entered into as of this 18th day of March, 2016 by and among KBS Capital Markets Group, LLC, a California limited liability company (the Dealer Manager), KBS Growth & Income REIT, Inc., a Maryland corporation (the Company), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the Escrow Agent).

NorthStar/RXR New York Metro Real Estate, Inc. – Amended and Restated Escrow Agreement (March 9th, 2016)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (the "Agreement") is made and entered into as of the 12th day of November, 2015, by and among NorthStar/RXR New York Metro Real Estate, Inc. (formerly known as "NorthStar/RXR New York Metro Income, Inc.), a Maryland corporation (the "Company"), NorthStar Securities, LLC (formerly known as NorthStar Realty Securities, LLC) (the "Dealer Manager") and UMB Bank, N.A., as escrow agent (the "Escrow Agent").

Nexpoint Multifamily Realty Trust, Inc. – Amended and Restated Escrow Agreement (January 21st, 2016)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this "Agreement") is made and entered into as of this 20th day of January, 2016 by and among NexPoint Multifamily Realty Trust, Inc., a Maryland corporation (the "Company"), Highland Capital Funds Distributor, Inc., a Delaware corporation (the "Dealer Manager"), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the "Escrow Agent"). This Agreement amends and restates in its entirety the Escrow Agreement dated August 10, 2015, entered into by and among the parties hereto (the "Original Escrow Agreement").

MVP REIT II, Inc. – Second Amended and Restated Escrow Agreement (December 3rd, 2015)

THIS SECOND AMENDED AND RESTATED ESCROW AGREEMENT (this Escrow Agreement), dated as of November 30, 2015, is entered into by and among MVP REIT II, INC., a Maryland corporation (the Company), UMB Bank, N.A., as escrow agent (the Escrow Agent), and MVP American Securities, LLC, a Delaware limited liability company, as affiliated selling agent for the Company (the Affiliated Selling Agent, and together with each selling agent that enters into a Selling Agreement with the Company, the Selling Agents). This Escrow Agreement amends and restates in its entirety the Amended and Restated Escrow Agreement dated October 5, 2015, entered into by and among the parties hereto.

NorthStar/RXR New York Metro Real Estate, Inc. – Northstar/Rxr New York Metro Real Estate, Inc. Form of Amended and Restated Escrow Agreement (November 5th, 2015)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (the "Agreement") is made and entered into as of the __ day of November, 2015, by and among NorthStar/RXR New York Metro Real Estate, Inc. (formerly known as "NorthStar/RXR New York Metro Income, Inc.), a Maryland corporation (the "Company"), NorthStar Securities, LLC (formerly known as NorthStar Realty Securities, LLC) (the "Dealer Manager") and UMB Bank, N.A., as escrow agent (the "Escrow Agent").

MVP REIT II, Inc. – Amended and Restated Escrow Agreement (October 6th, 2015)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this Escrow Agreement), dated as of October 5, 2015, is entered into by and among MVP REIT II, INC., a Maryland corporation (the Company), MVP American Securities, LLC, a Delaware limited liability company, as selling agent for the Company (the Selling Agent), and UMB Bank, N.A., as escrow agent (the Escrow Agent). This Escrow Agreement amends and restates in its entirety the Escrow Agreement dated September 22, 2015 entered into by and among the parties hereto.

Amended and Restated Escrow Agreement (August 7th, 2015)

This AMENDED AND RESTATED ESCROW AGREEMENT (this "Agreement") dated as of this 6th day of August, 2015 (the "Effective Date"), is between Willamette Valley Vineyards, Inc. (the "Company") and OTR, Inc., (the "Escrow Agent").

BUSINESS DEVELOPMENT Corp OF AMERICA II – Amendment No. 1 to the Amended and Restated Escrow Agreement (July 8th, 2015)

This Amendment No. 1 to the Amended and Restated Escrow Agreement, dated as of November 21, 2014 (this "Amendment"), is made and entered into as of July 2, 2015 by and among Business Development Corporation of America II, a Maryland corporation (the "Company"), Realty Capital Securities, LLC, a Delaware limited liability company (the "Dealer Manager"), for itself and for and on behalf of its selected dealers (the "Selected Dealers"), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the "Escrow Agent").

Chart Acquisition Corp. – Third Amended and Restated Escrow Agreement (June 19th, 2015)

THIRD AMENDED AND RESTATED ESCROW AGREEMENT, dated as of June 19, 2015 ("Agreement"), by and among Chart Acquisition Group, LLC (the "Representative"), Joseph Wright ("Wright"), and Cowen Investments LLC ("Cowen Investments," together with Wright and the Representative, the "Warrant Purchasers"), Continental Stock Transfer & Trust Company, a New York corporation ("Escrow Agent") and Deutsche Bank Securities, Inc. ("DB") and Cowen and Company, LLC ("Cowen"), with DB and Cowen acting as representatives of the several Underwriters (as defined below).

Chart Acquisition Corp. – Third Amended and Restated Escrow Agreement (June 19th, 2015)

THIRD AMENDED AND RESTATED ESCROW AGREEMENT, dated as of June 19, 2015 ("Agreement"), by and among Chart Acquisition Group, LLC (the "Representative"), Joseph Wright ("Wright"), and Cowen Investments LLC ("Cowen Investments," together with Wright and the Representative, the "Warrant Purchasers"), Continental Stock Transfer & Trust Company, a New York corporation ("Escrow Agent") and Deutsche Bank Securities, Inc. ("DB") and Cowen and Company, LLC ("Cowen"), with DB and Cowen acting as representatives of the several Underwriters (as defined below).

Hailiang Education Group Inc. – Amendment to the Amended and Restated Escrow Agreement (June 10th, 2015)

THIS AMENDMENT TO THE AMENDED AND RESTATED ESCROW AGREEMENT, dated as of June 10, 2015 (this Amendment), is entered into by and among Hailiang Education Group, Inc. (the Issuer) and the Underwriter whose name and address appears on the Information Sheet attached to the Escrow Agreement (as defined below) and Continental Stock Transfer & Trust Company, 17 Battery Place, 8th Floor, New York, New York 10004 (the Escrow Agent). Capitalized terms used herein but not otherwise defined herein shall have the respective meanings set forth in the Escrow Agreement.

Hailiang Education Group Inc. – Amended and Restated Escrow Agreement (Public Offering) (June 2nd, 2015)

THIS AMENDED AND RESTATED AGREEMENT (this Agreement) is made this 2nd day of June 2015 by and among Hailiang Education Group, Inc. (the Issuer) and the Underwriter whose name and address appears on the Information Sheet (as defined herein) attached to this Agreement and Continental Stock Transfer & Trust Company, 17 Battery Place, 8th Floor, New York, New York 10004 (the Escrow Agent). This Agreement restates and supersedes that certain Escrow Agreement, dated March 13, 2015, by and among the Issuer, the Underwriter and the Escrow Agent (the Original Agreement).

Chart Acquisition Corp. – Second Amended and Restated Escrow Agreement (March 13th, 2015)

SECOND AMENDED AND RESTATED ESCROW AGREEMENT, dated as of March 11, 2015 ("Agreement"), by and among Chart Acquisition Group, LLC (the "Representative"), Joseph Wright ("Wright"), and Cowen Investments LLLC ("Cowen Investments," together with Wright and the Representative, the "Warrant Purchasers"), Continental Stock Transfer & Trust Company, a New York corporation ("Escrow Agent") and Deutsche Bank Securities, Inc. ("DB") and Cowen and Company, LLC ("Cowen"), with DB and Cowen acting as representatives of the several Underwriters (as defined below).

Chart Acquisition Corp. – Second Amended and Restated Escrow Agreement (March 13th, 2015)

SECOND AMENDED AND RESTATED ESCROW AGREEMENT, dated as of March 11, 2015 ("Agreement"), by and among Chart Acquisition Group, LLC (the "Representative"), Joseph Wright ("Wright"), and Cowen Investments LLLC ("Cowen Investments," together with Wright and the Representative, the "Warrant Purchasers"), Continental Stock Transfer & Trust Company, a New York corporation ("Escrow Agent") and Deutsche Bank Securities, Inc. ("DB") and Cowen and Company, LLC ("Cowen"), with DB and Cowen acting as representatives of the several Underwriters (as defined below).

Hines Global Reit II, Inc. – Amended and Restated Escrow Agreement (December 12th, 2014)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this "Agreement") is made and entered into as of this 12th day of December, 2014 by and among Hines Securities, Inc., a Delaware corporation (the "Dealer Manager"), Hines Global REIT II, Inc., a Maryland corporation (the "Company"), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the "Escrow Agent") and supersedes the original escrow agreement entered into by the parties on August 15, 2014 (the "Original Agreement").

Chart Acquisition Corp. – Amended and Restated Escrow Agreement (September 12th, 2014)

AMENDED AND RESTATED ESCROW AGREEMENT, dated as of September 12, 2014 ("Agreement"), by and among Chart Acquisition Group, LLC (the "Representative"), Joseph Wright ("Wright"), and Cowen Overseas Investment LP ("Cowen Overseas," together with Wright and the Representative, the "Warrant Purchasers"), Continental Stock Transfer & Trust Company, a New York corporation ("Escrow Agent") and Deutsche Bank Securities, Inc. ("DB") and Cowen and Company, LLC ("Cowen"), with DB and Cowen acting as representatives of the several Underwriters (as defined below).

Carter Validus Mission Critical REIT II, Inc. – Amended and Restated Escrow Agreement (June 12th, 2014)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this Agreement) is made and entered into as of this 11th day of June, 2014 by and among Carter Validus Mission Critical REIT II, Inc., a Delaware limited liability company (the Company), SC Distributors, LLC, a Delaware limited liability company (the Dealer Manager), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the Escrow Agent).

Cole Real Estate Income Strategy (Daily Nav), Inc. – Second Amendment to Amended and Restated Escrow Agreement (November 15th, 2013)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this Amendment) is entered into as of this 28th day of October, 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the Company), COLE CAPITAL CORPORATION, an Arizona corporation (the Dealer Manager) and UMB BANK, N.A. (the Escrow Agent).

Cole Real Estate Income Strategy (Daily Nav), Inc. – First Amendment to Amended and Restated Escrow Agreement (August 26th, 2013)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this Amendment) is entered into as of this 26th day of August, 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the Company), COLE CAPITAL CORPORATION, an Arizona corporation (the Dealer Manager) and UMB BANK, N.A. (the Escrow Agent).

Cole Real Estate Income Strategy (Daily Nav), Inc. – Form of First Amendment to Amended and Restated Escrow Agreement (August 16th, 2013)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this Amendment) is entered into as of this [ ] day of [ ], 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the Company), COLE CAPITAL CORPORATION, an Arizona corporation (the Dealer Manager) and UMB BANK, N.A. (the Escrow Agent).

Industrial Property Trust Inc. – Amended and Restated Escrow Agreement (August 14th, 2013)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (this Agreement) made and entered into as of this 13th day of August, 2013 by and among Dividend Capital Securities LLC, a Colorado limited liability company (the Dealer Manager), Industrial Property Trust Inc., a Maryland corporation (the Company), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the Escrow Agent), amends and restates that certain Escrow Agreement dated July 16, 2013 by and among the Dealer Manager, the Company and the Escrow Agent (the Original Escrow Agreement).

Equisource Hotel Fund I, LLP – Amended and Restated Escrow Agreement (August 8th, 2013)

This ESCROW AGREEMENT (this "Agreement") made as of the 10th day of June, 2013 and amended as of the 25th day of July, 2013 by and among Equisource Hotel Fund I, LLP (the "Issuer") whose address and other information appear on the Information Sheet (as defined herein) attached to this Agreement, and VStock Transfer, LLC, 77 Spruce Street, Suite 201, Cedarhurst, NY 11516 (the "Escrow Agent").

RREEF Property Trust, Inc. – Amended and Restated Escrow Agreement (December 31st, 2012)

RREEF PROPERTY TRUST, INC., a Maryland corporation (the Company), will issue in a public offering (the Offering) shares of its common stock (the Stock) pursuant to a registration statement on Form S-11 filed by the Company with the Securities and Exchange Commission. SC Distributors, LLC, a Delaware limited liability company (the Dealer Manager), will act as dealer manager for the offering of the Stock. The Company is entering into this agreement, which amends and restates that escrow agreement between the parties hereto dated December 21, 2012, to set forth the terms on which UMB BANK, N.A. (the Escrow Agent) will, except as otherwise provided herein, hold and disburse the proceeds from subscriptions for the purchase of the Stock in the Offering until such time as: (i) the Company has received subscriptions for at least $10,000,000 in shares of Stock in the Offering, including subscriptions received from the Companys sponsor, its affiliates and the Companys directors and officers but

American Power Corp. – Second Amended and Restated Escrow Agreement (December 20th, 2012)

This Second Amended and Restated Escrow Agreement (this "Agreement") is entered into as of December 11, 2012, by and between JBM Energy Company, LLC, a Delaware limited liability company ("JBM"), Russell B. Pace, Jr. ("Pace"), Realty Title Company, Inc. a Montana corporation ("Escrow Agent") and American Power Corp, a Nevada corporation ("APC"), each a "Party" and, collectively, the "Parties".

NorthStar Healthcare Income, Inc. – Northstar Healthcare Income, Inc. Amended and Restated Escrow Agreement (November 13th, 2012)

THIS AMENDED AND RESTATED ESCROW AGREEMENT (the Agreement) is made and entered into as of the 24th day of October, 2012, by and among NorthStar Healthcare Income, Inc., a Maryland corporation (the Company), NorthStar Realty Securities, LLC (the Dealer Manager) and UMB Bank, N.A., National Association, as escrow agent (the Escrow Agent).

Clarion Partners Property Trust Inc. – Second Amended and Restated Escrow Agreement (October 23rd, 2012)

THIS SECOND AMENDED AND RESTATED ESCROW AGREEMENT (the Agreement) made and entered into as of the 17th day of October, 2012 (the Effective Date), by and among Clarion Partners Property Trust Inc. (the Company), ING Investments Distributor, LLC (the Dealer Manager), and BNY Mellon Investment Servicing (US) Inc., as escrow agent (the Escrow Agent or BNYM), amends and restates that certain First Amended and Restated Escrow Agreement dated May 12, 2011, as amended by the First Amendment to the Amended and Restated Escrow Agreement dated February 3, 2012 (collectively, the Prior Escrow Agreement).

American Power Corp. – Amended and Restated Escrow Agreement (March 30th, 2012)

This Amended and Restated Escrow Agreement (this "Agreement") is entered into as of March 26, 2012, by and between JBM Energy Company, LLC, a Delaware limited liability company ("JBM"), Russell B. Pace, Jr. ("Pace"), Realty Title Company, Inc. a Montana corporation ("Escrow Agent") and American Power Corp, a Nevada corporation ("APC"), each a "Party" and, collectively, the "Parties".

American Power Corp. – Amended and Restated Escrow Agreement (March 30th, 2012)

This Amended and Restated Escrow Agreement (this "Agreement") is entered into as of March 26, 2012, by and between JBM Energy Company, LLC, a Delaware limited liability company ("JBM"), Russell B. Pace, Jr. ("Pace"), Realty Title Company, Inc. a Montana corporation ("Escrow Agent") and American Power Corp, a Nevada corporation ("APC"), each a "Party" and, collectively, the "Parties".