Common use of Deposits in the Escrow Account Clause in Contracts

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Dealer Manager or any soliciting broker dealers or registered investment advisors to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) payable to the order of “UMB Bank, N.A., Escrow Agent for Strategic Storage Trust II, Inc.,” or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company).

Appears in 3 contracts

Samples: Escrow Agreement (Strategic Storage Trust II, Inc.), Escrow Agreement (Strategic Storage Trust II, Inc.), Escrow Agreement (Strategic Storage Trust II, Inc.)

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Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Participating Broker-Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for Strategic Storage Trust Xxxxxx Validus Mission Critical REIT II, Inc.,” or a any recognizable contraction or abbreviation thereof. Completed subscription agreements Notwithstanding the foregoing, however, Pennsylvania Subscribers and instruments of payment for Washington Subscribers (and any Other Subscribers) shall continue to make checks payable to the purchase price for Shares shall be remitted by the broker dealers order or registered investment advisors“UMB Bank, N.A., as applicableEscrow Agent for Xxxxxx Validus Mission Critical REIT II, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After Inc.” until subscriptions are received resulting in total minimum capital raised equal to the Required Capital or exceeding (i) $90,000,000 for Pennsylvania Subscribers and (ii) $10,000,000 for Washington Subscribers, in each case including subscriptions from Subscribers who are residents of other states, and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A3 hereof. Completed subscription agreements and checks in payment for the subscription amount shall be remitted to the Escrow Agent at the address set forth in the subscription agreement. Within one (1) hereof, subscriptions may continue business day after receipt of an instrument of payment (or as soon as possible thereafter pursuant to be so submitted unless otherwise instructed by the internal supervisory procedures of the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers Participating Broker-Dealer, as applicable), the Dealer Manager shall continue remit to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after i) such instrument of payment and (ii) each Subscriber’s name, address, number and class of Shares purchased by such Subscriber and the Required Capital is received, made payable to a party other than the party designated subscription payment remitted by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money ordersuch Subscriber. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, delivered to the Escrow Agent pursuant hereto shall be deposited by the Escrow Agent within one (1) business day of receipt thereof into the Escrow Account Account. The Escrow Agent hereby agrees to maintain the funds contributed by the end Pennsylvania Subscribers and the Washington Subscribers (and any Other Subscribers) in a manner in which they may be separately accounted for so that the requirements of Section 3 of this Agreement can be met. Deposits shall be held in the Escrow Account until such Investor Funds are promptly disbursed in accordance with this Agreement. Prior to disbursement of the business day on which Investor Funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company, the Dealer Manager, any Participating Broker-Dealer or any of their respective affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to receipt of the Required Capital Minimum Offering Requirement, the Escrow Agent shall promptly notify the Dealer Manager and the Company in writing via mail, email or facsimile of such nonpayment, and is received, a new account may be established authorized to debit the Escrow Account in the name amount of the Company)such returned payment.

Appears in 3 contracts

Samples: Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.), Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.), Form of Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for Strategic Storage Trust Xxxxx Global REIT II, Inc.,or Any Dealer receiving a recognizable contraction or abbreviation thereofcheck not conforming to the foregoing instructions shall return such check directly to such subscriber not later than the end of the next business day following its receipt. Completed subscription agreements and instruments of payment for Checks received by the purchase price for Shares Dealer which conform to the foregoing instructions shall be remitted by transmitted for deposit in accordance with the broker dealers or registered investment advisorsfollowing procedures. Where, as applicablepursuant to a Dealer’s internal supervisory procedures, on behalf of internal supervisory review is conducted at the Subscribers to the address designated on the same location at which subscription agreement for the receipt of such agreements documents and instruments of payment (the “Designated Address”) checks are initially received from subscribers, checks will be transmitted by the end of the next business day following receipt of any the subscription documents and checks by the Dealer to the Escrow Agent until the Minimum Offering has been achieved, with respect to subscribers other than Pennsylvania Subscribers (“Non-Pennsylvania Subscribers”), or until the Pennsylvania Minimum Offering (as defined in Section 3 hereof) has been achieved, with respect to Pennsylvania Subscribers. After the Minimum Offering has been achieved, in the case of Non- Pennsylvania Subscribers, or after the Pennsylvania Minimum Offering has been achieved, in the case of Pennsylvania Subscribers, such instruments of payment or, if final internal supervisory review is conducted at a different location, subscription documents and checks will be transmitted by the end of the next business day following receipt of any the subscription documents and such instruments of payment checks by the office conducting Dealer to the Company or to such other account or agent as directed by the Company. Where, pursuant to a Dealer’s internal supervisory procedures, final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal review is conducted at a different location (the “Final Review Office”), subscription documents and checks will be transmitted to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account Final Review Office by the end of the next business day on which following receipt of the subscription documents and checks by the Dealer. The Final Review Office will transmit such subscription documents and checks by the end of the next business day following receipt by the Final Review Office to the Escrow Agent until the Minimum Offering has been achieved, with respect to Non- Pennsylvania Subscribers, or until the Pennsylvania Minimum Offering has been achieved, with respect to Pennsylvania Subscribers. After the Minimum Offering has been achieved, with respect to Non- Pennsylvania Subscribers, or after the Pennsylvania Minimum Offering has been achieved, with respect to Pennsylvania Subscribers, such subscription documents and checks will be transmitted by the end of the next business day following receipt by the Final Review Office to the Company or to such other account or agent as directed by the Company. Dealers shall deliver checks and completed subscription documents via overnight courier to the Escrow Agent at the address as provided for in Section 11(2), and wires payments shall be transmitted directly to the Escrow Account. Deposits shall be held in the Escrow Account until such funds are disbursed in accordance with this Agreement. Prior to disbursement of the funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company or any of its affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to raising the Required Capital Minimum Offering, with respect to Non- Pennsylvania Subscribers, or prior to raising the Pennsylvania Minimum Offering, with respect to Pennsylvania Subscribers, the Escrow Agent shall promptly notify the Transfer Agent and the Company in writing via mail, email or facsimile of such nonpayment, and the Escrow Agent is received, a new account may be established authorized to debit the Escrow Account in the amount of such returned payment and the Transfer Agent shall delete the appropriate account from the records maintained by the Transfer Agent. The Transfer Agent will maintain a written account of each sale, which account shall set forth, among other things, the following information: (i) the subscriber’s name and address, (ii) the subscriber’s social security number, (iii) the number of Shares purchased by such subscriber, and (iv) the Company)amount paid by such subscriber for such Shares. During the Escrow Period neither the Company nor the Dealer Manager will be entitled to any funds received into the Escrow Account.

Appears in 2 contracts

Samples: Form of Escrow Agreement (Hines Global Reit Ii, Inc.), Form of Escrow Agreement (Hines Global Reit Ii, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for Strategic Storage Trust IIXxxxx Global REIT, Inc.,or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of checks in payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address P.O. Box designated on the subscription agreement for the receipt of such agreements and instruments of payment funds, and wires, or Automated ClearingHouse (ACH) payments shall be transmitted directly to the “Designated Address”) Escrow Account. To the extent that subscription agreements and payments are remitted by the end Company or the Dealer Manager, the Company or the Dealer Manager, as applicable, will furnish to the Escrow Agent a list detailing information regarding such subscriptions as set forth in Exhibit B. The Processing Agent will promptly deliver all monies received in good order from subscribers (or from the Dealer Manager or Dealers transmitting moneys and subscriptions from subscribers) for the payment of Shares to the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, Escrow Agent for deposit in the Escrow Account. The Escrow Agent hereby agrees to maintain the funds contributed by the end Pennsylvania Subscribers and New York Subscribers in a manner in which they may be separately accounted for so that the requirements of Sections 3 and 4 of this Agreement can be met. Deposits shall be held in the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and Escrow Account until such funds are disbursed from in accordance with this Agreement. Prior to disbursement of the funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company or any of its affiliates. If any of the instruments of payment are returned to the Escrow Agent for nonpayment prior to receipt of the Break Escrow Affidavit (as described below), the Escrow Agent shall promptly notify the Processing Agent and the Company in writing via mail, email or facsimile of such nonpayment, and the Escrow Agent is authorized to debit the Escrow Account in accordance with Section 2(b)(1)(Athe amount of such returned payment and the Processing Agent shall delete the appropriate account from the records maintained by the Processing Agent. The Processing Agent will maintain a written account of each sale, which account shall set forth, among other things, the following information: (i) hereofthe subscriber’s name and address, subscriptions may continue to be so submitted unless otherwise instructed (ii) the subscriber’s social security number, (iii) the number of Shares purchased by such subscriber, and (iv) the amount paid by such subscriber for such Shares. During the Escrow Period neither the Company nor the Dealer Manager or the Company; provided that subscriptions will be entitled to any principal funds received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company)Account.

Appears in 2 contracts

Samples: Form of Escrow Agreement (Hines Global REIT, Inc.), Escrow Agreement (Hines Global REIT, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Participating Broker-Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., Escrow Agent as escrow agent for Strategic Storage Trust IINexPoint Multifamily Realty Trust, Inc.,Notwithstanding the foregoing, however, Pennsylvania Subscribers and Washington Subscribers (and any Other Subscribers) shall continue to make checks payable to the order or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors“UMB Bank, N.A., as applicableescrow agent for NexPoint Multifamily Realty Trust, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After Inc.” until subscriptions are received resulting in total minimum capital raised equal to the Required Capital or exceeding (i) $33,333,333.33 for Pennsylvania Subscribers and (ii) $20,000,000 for Washington Subscribers, in each case including subscriptions from Subscribers who are residents of other states, and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) 3 hereof, subscriptions may continue . Completed subscription agreements and checks in payment for the subscription amount shall be remitted to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent at the address set forth in the subscription agreement. The Dealer Manager, the Participating Broker-Dealer, or their respective agents, as applicable (or the “Processing Broker-Dealer”), shall remit to the Escrow Agent the instruments of payment and the subscription agreements: (i) where, pursuant to the internal supervisory procedures of the Processing Broker-Dealer, internal supervisory review is conducted at the same location at which instruments of payment and subscription agreements are received from Subscribers, then, by noon of the next business day following receipt by the Processing Broker-Dealer, the Processing Broker-Dealer will transmit the instruments of payment and subscription agreements to the Escrow Agent; and (ii) where, pursuant to the internal supervisory procedures of the Processing Broker-Dealer, final internal supervisory review is conducted at a different location (the “Final Review Office”), instruments of payment and subscription agreements will be transmitted by the Processing Broker-Dealer to the Final Review Office by the end of the next business day following receipt thereof by the Processing Broker-Dealer. The Final Review Office will in turn, by noon of the next business day following receipt thereof by the Final Review Office, transmit such instruments of payment and subscription agreements to the Escrow Agent or, after the Required Capital is receivedMinimum Offering Requirement has been satisfied, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer Company or other applicable party who submitted its designated agent. The Escrow Agent represents that it will promptly deliver all monies received in good order from Subscribers for the check, draft or money orderpayment of Shares to the Escrow Agent for deposit in the Escrow Account. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, delivered to the Escrow Agent pursuant hereto shall be deposited by the Escrow Agent within one (1) business day of receipt thereof into the Escrow Account Account. The Escrow Agent hereby agrees to maintain the funds contributed by the end Pennsylvania Subscribers and Washington Subscribers (and any Other Subscribers) in a manner in which they may be separately accounted for so that the requirements of Section 3 of this Agreement can be met. Deposits shall be held in the Escrow Account until such Investor Funds are promptly disbursed in accordance with this Agreement. Prior to disbursement of the business day on which Investor Funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company, the Dealer Manager, any Participating Broker-Dealer or any of their respective affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to receipt of the Required Capital Minimum Offering Requirement, the Escrow Agent shall promptly notify the Dealer Manager and the Company in writing via mail, email or facsimile of such nonpayment, and is received, a new account may be established authorized to debit the Escrow Account in the name amount of the Company)such returned payment.

Appears in 2 contracts

Samples: Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.), Form of Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for Strategic Storage Trust Xxxxx Global REIT II, Inc.,or Any Dealer receiving a recognizable contraction or abbreviation thereofcheck not conforming to the foregoing instructions shall return such check directly to such subscriber not later than the end of the next business day following its receipt. Completed subscription agreements and instruments of payment for Checks received by the purchase price for Shares Dealer which conform to the foregoing instructions shall be remitted by transmitted for deposit in accordance with the broker dealers or registered investment advisorsfollowing procedures. Where, as applicablepursuant to a Dealer’s internal supervisory procedures, on behalf of internal supervisory review is conducted at the Subscribers to the address designated on the same location at which subscription agreement for the receipt of such agreements documents and instruments of payment (the “Designated Address”) checks are initially received from subscribers, checks will be transmitted by the end of the next business day following receipt of any the subscription documents and checks by the Dealer to the Escrow Agent until the Minimum Offering has been achieved, with respect to subscribers other than Pennsylvania Subscribers and Washington Subscribers (“Non-Pennsylvania/Washington Subscribers”), or until the Pennsylvania Minimum Offering (as defined in Section 3 hereof) has been achieved, with respect to Pennsylvania Subscribers or until the Washington Minimum Offering (as defined in Section 4) has been achieved, with respect to Washington Subscribers. After the Minimum Offering has been achieved, in the case of Non- Pennsylvania/Washington Subscribers, or after the Pennsylvania Minimum Offering has been achieved, in the case of Pennsylvania Subscribers, or after the Washington Minimum Offering has been achieved, in the case of Washington Subscribers, such instruments of payment or, if final internal supervisory review is conducted at a different location, subscription documents and checks will be transmitted by the end of the next business day following receipt of any the subscription documents and such instruments of payment checks by the office conducting Dealer to the Company or to such other account or agent as directed by the Company. Where, pursuant to a Dealer’s internal supervisory procedures, final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal review is conducted at a different location (the “Final Review Office”), subscription documents and checks will be transmitted to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account Final Review Office by the end of the next business day on which following receipt of the subscription documents and checks by the Dealer. The Final Review Office will transmit such subscription documents and checks by the end of the next business day following receipt by the Final Review Office to the Escrow Agent until the Minimum Offering has been achieved, with respect to Non- Pennsylvania/Washington Subscribers, or until the Pennsylvania Minimum Offering has been achieved, with respect to Pennsylvania Subscribers or until the Washington Minimum Offering has been achieved, with respect to the Washington Subscribers. After the Minimum Offering has been achieved, with respect to Non- Pennsylvania/Washington Subscribers, or after the Pennsylvania Minimum Offering has been achieved, with respect to Pennsylvania Subscribers or after the Washington Minimum Offering has been achieved, with respect to Washington Subscribers, such subscription documents and checks will be transmitted by the end of the next business day following receipt by the Final Review Office to the Company or to such other account or agent as directed by the Company. Dealers shall deliver checks and completed subscription documents via overnight courier to the Escrow Agent at the address as provided for in Section 12(2), and wire payments shall be transmitted directly to the Escrow Account. Deposits shall be held in the Escrow Account until such funds are disbursed in accordance with this Agreement. Prior to disbursement of the funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company or any of its affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to raising the Required Capital Minimum Offering, with respect to Non- Pennsylvania/Washington Subscribers, or prior to raising the Pennsylvania Minimum Offering, with respect to Pennsylvania Subscribers, or prior to raising the Washington Minimum Offering, with respect to Washington Subscribers, the Escrow Agent shall promptly notify the Transfer Agent and the Company in writing via mail, email or facsimile of such nonpayment, and the Escrow Agent is received, a new account may be established authorized to debit the Escrow Account in the amount of such returned payment and the Transfer Agent shall delete the appropriate account from the records maintained by the Transfer Agent. The Transfer Agent will maintain a written account of each sale, which account shall set forth, among other things, the following information: (i) the subscriber’s name and address, (ii) the subscriber’s social security number, (iii) the number of Shares purchased by such subscriber, and (iv) the Company)amount paid by such subscriber for such Shares. During the Escrow Period neither the Company nor the Dealer Manager will be entitled to any funds received into the Escrow Account.

Appears in 2 contracts

Samples: Escrow Agreement (Hines Global Reit Ii, Inc.), Form of Escrow Agreement (Hines Global Reit Ii, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Participating Broker-Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., Escrow Agent as escrow agent for Strategic Storage Trust IINexPoint Hospitality Trust, Inc.,” or a any recognizable contraction or abbreviation thereof. Completed subscription agreements Notwithstanding the foregoing, however, Pennsylvania Subscribers (and instruments of payment for any Other Subscribers) shall continue to make checks payable to the purchase price for Shares shall be remitted by the broker dealers order or registered investment advisors“UMB Bank, N.A., as applicableescrow agent for NexPoint Hospitality Trust, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After Inc.” until subscriptions are received resulting in total minimum capital raised equal to the Required Capital or exceeding $50,000,000 for Pennsylvania Subscribers, including subscriptions from Subscribers who are residents of other states, and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) 3 hereof, subscriptions may continue . Completed subscription agreements and checks in payment for the subscription amount shall be remitted to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent at the address set forth in the subscription agreement. The Dealer Manager, the Participating Broker-Dealer, or their respective agents, as applicable (or the “Processing Broker-Dealer”), shall remit to the Escrow Agent the instruments of payment and the subscription agreements: (i) where, pursuant to the internal supervisory procedures of the Processing Broker-Dealer, internal supervisory review is conducted at the same location at which instruments of payment and subscription agreements are received from Subscribers, then, by noon of the next business day following receipt by the Processing Broker-Dealer, the Processing Broker-Dealer will transmit the instruments of payment and subscription agreements to the Escrow Agent; and (ii) where, pursuant to the internal supervisory procedures of the Processing Broker-Dealer, final internal supervisory review is conducted at a different location (the “Final Review Office”), instruments of payment and subscription agreements will be transmitted by the Processing Broker-Dealer to the Final Review Office by the end of the next business day following receipt thereof by the Processing Broker-Dealer. The Final Review Office will in turn, by noon of the next business day following receipt thereof by the Final Review Office, transmit such instructions of payment and subscription agreements to the Escrow Agent or, after the Required Capital is receivedMinimum Offering Requirement has been satisfied, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer Company or other applicable party who submitted its designated agent. The Escrow Agent represents that it will promptly deliver all monies received in good order from Subscribers for the check, draft or money orderpayment of Shares to the Escrow Agent for deposit in the Escrow Account. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, delivered to the Escrow Agent pursuant hereto shall be deposited by the Escrow Agent within one (1) business day of receipt thereof into the Escrow Account Account. The Escrow Agent hereby agrees to maintain the funds contributed by the end Pennsylvania Subscribers (and any Other Subscribers) in a manner in which they may be separately accounted for so that the requirements of Section 3 of this Agreement can be met. Deposits shall be held in the Escrow Account until such Investor Funds are promptly disbursed in accordance with this Agreement. Prior to disbursement of the business day on which Investor Funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company, the Dealer Manager, any Participating Broker-Dealer or any of their respective affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to receipt of the Required Capital Minimum Offering Requirement, the Escrow Agent shall promptly notify the Dealer Manager and the Company in writing via mail, email or facsimile of such nonpayment, and is received, a new account may be established authorized to debit the Escrow Account in the name amount of the Company)such returned payment.

Appears in 1 contract

Samples: Form of Escrow Agreement (NexPoint Hospitality Trust, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Dealer Manager or any soliciting broker dealers or registered investment advisors to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) payable to the order of “UMB Bank, N.A., Escrow Agent for Strategic Storage Trust IIAdaptive Real Estate Income Trust, Inc.,” or a recognizable contraction or abbreviation thereof. thereof including, but not limited to, “UMB Bank, N.A., Escrow Agent for Adaptive Real Estate Income Trust, Inc.” Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. The Escrow Agent shall be responsible for ensuring that the funds contributed by the New York Subscribers and the Pennsylvania Subscribers will be separately accounted for on the records of the Transfer Agent so that the requirements of Section 3 and Section 4 of this Agreement can be met. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and such funds are disbursed from the Escrow Account Accounts in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the CompanyManager; provided that subscriptions received from New York Subscribers and Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 and Section 4, respectively, have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the CompanyManager) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into one of the designated Escrow Account Accounts by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company).

Appears in 1 contract

Samples: Escrow Agreement (Adaptive Real Estate Income Trust, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers“ Subscribers ”) will be instructed by the Dealer Manager or any soliciting broker dealers or registered investment advisors to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (( hereinafter instruments of paymentpayment ”) payable to the order of “UMB Bank, N.A., Escrow Agent for Strategic Storage Trust Xxxxxxx Capital Essential Asset REIT II, Inc.,” or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address) by the end noon of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of promptly the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met and subscriptions received from Washington Subscribers shall continue to be submitted until the conditions of Section 4 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company).

Appears in 1 contract

Samples: Escrow Agreement (Griffin Capital Essential Asset REIT II, Inc.)

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Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Participating Broker-Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., as Escrow Agent for Strategic Storage Trust II, Inc.,Greenbacker Renewable Energy Company LLC” or a any recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for ; provided, however, that Pennsylvania Subscribers shall continue to make checks payable to the purchase price for Shares shall be remitted by the broker dealers order or registered investment advisors“UMB Bank, N.A., as applicable, on behalf of the Subscribers to the address designated on the subscription agreement Escrow Agent for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After Greenbacker Renewable Energy Company LLC” until subscriptions are received resulting in total minimum capital raised equal to the Required Capital or exceeding $62,500,000, and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A3 hereof. Completed subscription agreements and checks in payment for the subscription amount shall be remitted to the Escrow Agent at the address set forth in the subscription agreement. Within one (1) hereof, subscriptions may continue business day after receipt of an instrument of payment (or as soon as possible thereafter pursuant to be so submitted unless otherwise instructed by the internal supervisory procedures of the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers Participating Broker-Dealer, as applicable), the Dealer Manager shall continue remit to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or i) such instrument of payment and (ii) each Subscriber’s name, address, number and class of Shares purchased by such Subscriber and the subscription payment remitted by such Subscriber. The Escrow Agent represents that, after the Required Capital Minimum Offering Requirement is receivedsatisfied, made payable to a party other than the party designated by Transfer Agent may receive monies and, at such time, will promptly deliver all monies received in good order from Subscribers for the Dealer Manager or the Company) shall be returned payment of Shares to the soliciting dealer or other applicable party who submitted Escrow Agent for deposit in the check, draft or money orderEscrow Account. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, delivered to the Escrow Agent pursuant hereto shall be deposited by the Escrow Agent within one (1) business day of receipt thereof into the Escrow Account Account. The Escrow Agent hereby agrees to maintain the funds contributed by the end Pennsylvania Subscribers in a manner in which they may be separately accounted for so that the requirements of Section 3 of this Agreement can be met. Deposits shall be held in the Escrow Account until such Investor Funds are promptly disbursed in accordance with this Agreement. Prior to disbursement of the business day on which Investor Funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company, the Dealer Manager, any Participating Broker-Dealer or any of their respective affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to receipt of the Required Capital Minimum Offering Requirement, the Escrow Agent shall promptly notify the Dealer Manager and the Company in writing via mail, email or facsimile of such nonpayment, and is received, a new account may be established authorized to debit the Escrow Account in the name amount of the Company)such returned payment.

Appears in 1 contract

Samples: Form of Escrow Agreement (Greenbacker Renewable Energy Co LLC)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Dealer Manager or any soliciting broker dealers or registered investment advisors to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) payable to the order of “UMB Bank, N.A., Escrow Agent for Strategic Storage Trust Xxxxxxx Capital Essential Asset REIT II, Inc.,” or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end noon of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of promptly the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company).

Appears in 1 contract

Samples: Escrow Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Company, the Dealer Manager or any soliciting broker dealers or registered investment advisors and the Participating Broker-Dealers to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) make checks for subscriptions payable to the order of “UMB Bank, N.A., Escrow Agent as escrow agent for Strategic Storage Trust IINexPoint Multifamily Realty Trust, Inc.,Notwithstanding the foregoing, however, Pennsylvania Subscribers and Washington Subscribers (and any Other Subscribers) shall continue to make checks payable to the order or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors“UMB Bank, N.A., as applicableescrow agent for NexPoint Multifamily Realty Trust, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After Inc.” until subscriptions are received resulting in total minimum capital raised equal to the Required Capital or exceeding (i) $50,000,000 for Pennsylvania Subscribers and (ii) $20,000,000 for Washington Subscribers, in each case including subscriptions from Subscribers who are residents of other states, and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) 3 hereof, subscriptions may continue . Completed subscription agreements and checks in payment for the subscription amount shall be remitted to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent at the address set forth in the subscription agreement. The Dealer Manager, the Participating Broker-Dealer, or their respective agents, as applicable (or the “Processing Broker-Dealer”), shall remit to the Escrow Agent the instruments of payment and the subscription agreements: (i) where, pursuant to the internal supervisory procedures of the Processing Broker-Dealer, internal supervisory review is conducted at the same location at which instruments of payment and subscription agreements are received from Subscribers, then, by noon of the next business day following receipt by the Processing Broker-Dealer, the Processing Broker-Dealer will transmit the instruments of payment and subscription agreements to the Escrow Agent; and (ii) where, pursuant to the internal supervisory procedures of the Processing Broker-Dealer, final internal supervisory review is conducted at a different location (the “Final Review Office”), instruments of payment and subscription agreements will be transmitted by the Processing Broker-Dealer to the Final Review Office by the end of the next business day following receipt thereof by the Processing Broker-Dealer. The Final Review Office will in turn, by noon of the next business day following receipt thereof by the Final Review Office, transmit such instruments of payment and subscription agreements to the Escrow Agent or, after the Required Capital is receivedMinimum Offering Requirement has been satisfied, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer Company or other applicable party who submitted its designated agent. The Escrow Agent represents that it will promptly deliver all monies received in good order from Subscribers for the check, draft or money orderpayment of Shares to the Escrow Agent for deposit in the Escrow Account. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, delivered to the Escrow Agent pursuant hereto shall be deposited by the Escrow Agent within one (1) business day of receipt thereof into the Escrow Account Account. The Escrow Agent hereby agrees to maintain the funds contributed by the end Pennsylvania Subscribers and Washington Subscribers (and any Other Subscribers) in a manner in which they may be separately accounted for so that the requirements of Section 3 of this Agreement can be met. Deposits shall be held in the Escrow Account until such Investor Funds are promptly disbursed in accordance with this Agreement. Prior to disbursement of the business day on which Investor Funds deposited in the Escrow Account, such funds shall not be subject to claims by creditors of the Company, the Dealer Manager, any Participating Broker-Dealer or any of their respective affiliates. If any of the instruments of payment are received at returned to the Designated Address (after Escrow Agent for nonpayment prior to receipt of the Required Capital Minimum Offering Requirement, the Escrow Agent shall promptly notify the Dealer Manager and the Company in writing via mail, email or facsimile of such nonpayment, and is received, a new account may be established authorized to debit the Escrow Account in the name amount of the Company)such returned payment.

Appears in 1 contract

Samples: Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Dealer Manager or any soliciting broker dealers or registered investment advisors to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) payable to the order of “UMB Bank, N.A., Escrow Agent for Strategic Storage Trust II, Inc.Xxxxxxx-Benefit Street Partners BDC Corp.,” or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end noon of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of promptly the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company).

Appears in 1 contract

Samples: Escrow Agreement (Griffin-Benefit Street Partners BDC Corp.)

Deposits in the Escrow Account. (1) During the Escrow Period, persons subscribing to purchase the Shares (the “Subscribers”) will be instructed by the Dealer Manager or any soliciting broker dealers or registered investment advisors to remit the purchase price in the form of checks, drafts, wires, Automated Clearing House (ACH) or money orders (hereinafter “instruments of payment”) payable to the order of “UMB Bank, N.A., Escrow Agent for Strategic Storage Trust IIIV, Inc.,” or a recognizable contraction or abbreviation thereof. Completed subscription agreements and instruments of payment for the purchase price for Shares shall be remitted by the broker dealers or registered investment advisors, as applicable, on behalf of the Subscribers to the address designated on the subscription agreement for the receipt of such agreements and instruments of payment (the “Designated Address”) by the end noon of the next business day following receipt of any such instruments of payment or, if final internal supervisory review is conducted at a different location, by the end of promptly the next business day following receipt of any such instruments of payment by the office conducting final internal supervisory review. After subscriptions are received resulting in total minimum capital raised equal to the Required Capital and such funds are disbursed from the Escrow Account in accordance with Section 2(b)(1)(A) hereof, subscriptions may continue to be so submitted unless otherwise instructed by the Dealer Manager or the Company; provided that subscriptions received from Pennsylvania Subscribers shall continue to be so submitted until the conditions of Section 3 have been met and that subscriptions received from Washington Subscribers shall continue to be so submitted until the conditions of Section 4 have been met. Any checks, drafts or money orders received made payable to a party other than the Escrow Agent (or after the Required Capital is received, made payable to a party other than the party designated by the Dealer Manager or the Company) shall be returned to the soliciting dealer or other applicable party who submitted the check, draft or money order. All instruments of payment from each such Subscriber shall, except as otherwise specified herein, be deposited into the Escrow Account by the end of the business day on which such instruments of payment are received at the Designated Address (after the Required Capital is received, a new account may be established in the name of the Company).

Appears in 1 contract

Samples: Escrow Agreement (Strategic Storage Trust IV, Inc.)

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