Forbearance and Escrow Agreement Sample Contracts

FORBEARANCE AND ESCROW AGREEMENT
Forbearance and Escrow Agreement • October 1st, 2004 • Smartire Systems Inc • Industrial instruments for measurement, display, and control • New York

THIS FORBEARANCE AND ESCROW AGREEMENT (this “Agreement”) is made as of September 24, 2004, by and among SmarTire Systems, Inc., a corporation incorporated under the laws of the Yukon Territory (the “Company”), the purchasers signatory hereto (each an “Purchaser” and together the “Purchasers”), and Feldman Weinstein LLP, with an address at 420 Lexington Avenue, Suite 2620, New York, New York 10170 (the “Escrow Agent”). Capitalized terms used but not defined herein shall have the meanings set forth in the Securities Purchase Agreement referred to in the first recital.

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