Establishment of the Escrow. The Escrow Agent will establish segregated escrow accounts for each series in the offering (the "Series Escrow Accounts") into which all Subscription Payments shall be deposited. Each Series Escrow Account will be identified in a manner clearly indicating the series in the offering to which the Series Escrow Account relates. Records with respect to each Series Escrow Account will be maintained separately by the Escrow Agent. Credit on the books of the Escrow Agent will be given as of the date of deposit of each check. Interest on each deposited check will begin to accrue one (1) business day after each such date of deposit. If the Escrow Agent receives notice that a check for a Subscription Payment has been dishonored, it shall give immediate oral notice (to be confirmed in writing promptly thereafter) to the General Partner; and, unless otherwise instructed at that time by the General Partner, shall undertake routine steps to collect such check through the Escrow Agent's customary collections channels. In the event that collections from the Subscribers in the form of checks or other demand remittances are credited by the Escrow Agent to the Series Escrow Account and the items giving rise to such credits are subsequently dishonored, the Escrow Agent may, in its discretion, charge to the Series Escrow Account the amount of any item so dishonored. Upon final payment of any such item, the Escrow Agent shall credit to the Series Escrow Account the amount thereof with appropriate advice to the Fund. Subscription proceeds deposited may not be withdrawn by Subscribers. The General Partner agrees to inform the Escrow Agent when offers and sales in each series have begun and terminated. Subscription Payments forwarded for deposit to the Fund's Series Escrow Accounts will clearly indicate the series in which the Subscriber is investing.
Establishment of the Escrow. Escrow Holder will open one or more escrow accounts (the "Escrow"), and either the Company or the Placement Agents, in accordance with Rule 15c2-4 under the Securities Exchange Act of 1934, as amended, will deliver to Escrow Holder from time to time, and in no event later than noon on the next business day following receipt, for deposit into the Escrow the full amount of each payment received from each subscriber (the "Subscription Price"), together with the name, address and taxpayer identification number of such subscriber, the number of Units subscribed for and the amount paid therefor, and an I.R.S. Form W-9 completed and executed by each subscriber. Escrow Holder shall have no obligation to accept monies, documents or instructions from any party other than the Company or a Placement Agent with respect to the Escrow. All monies so deposited will be in the form of a subscriber's personal check in favor of "Branch Banking & Trust Company - comsxxx.xxx, xxc." or by wire transfer. Any check received from a subscriber that is not made payable as described in the preceding sentence shall be returned by the Company or a Placement Agent, as applicable, directly to the subscriber by the end of the next business day following its receipt. Should any such check be returned to Escrow Holder as uncollectable for any reason, Escrow Holder will charge the amount of such unpaid check to Escrow, notify the Company of the amount of such return check, the name of the subscriber and the reason for return, and hold such check subject to further instructions from the Company or the Placement Agents. No monies and other property in the Escrow shall be subject to any lien, claim or offset by Escrow Holder or other creditors of the Company until and to the extent such monies and property become available for distribution to Company pursuant to the terms of this Agreement. Escrow Holder, Placement Agents and the Company agree that this Agreement may be waived and not implemented if all subscribers in this offering consent to depositing the Subscription Price directly into a separate bank account of the Company until subscriptions for at least $4,000,000 have been received pursuant to this offering, at which time the funds will become the property of the Company, provided that if the Minimum Subscriptions have not been received by the offering period as described in Section 5(c) of this Agreement, then such funds shall be returned to the persons entitled thereto.
Establishment of the Escrow. An escrow for this transaction (the "Escrow") is established with Security Title Agency, 0000 X. Xxxxxxx Drive, Suite 125, Mesa, Arizona 85204, Xxxxx Xxxxxxxx, escrow officer (the “Escrow Agent”), and Escrow Agent is engaged to administer the Escrow.
Establishment of the Escrow. An escrow for this transaction (“Escrow”) shall be established with Escrow Agent, and Escrow Agent shall be engaged to administer the Escrow. The Escrow shall continue in effect until the earlier of the date that (a) Buyer has purchased the Property or (b) this Agreement terminates.
Establishment of the Escrow. The following documents shall be delivered to the Escrow Agent contemporaneously with the execution hereof:
Establishment of the Escrow. An escrow for this transaction (the "Escrow") is established with Escrow Agent, and Escrow Agent is engaged to administer the Escrow.
Establishment of the Escrow. From the total number of Sonus Common Shares issuable to each OncoGenex Shareholder pursuant to Section 2.3(c), Sonus shall, at or promptly after the Effective Time, deduct and cause to be deposited, without any act or formality on the part of the OncoGenex Shareholder, that number of Sonus Common Shares as is equal to the number of OncoGenex Shares held by the OncoGenex Shareholder immediately prior to the Effective Time multiplied by the Escrow Ratio. All Sonus Common Shares deposited with the Escrow Agent shall be governed by the terms set forth in the Escrow Agreements. Pursuant to the terms of the Escrow Agreements, and subject to the provisions thereof, the Deposited Securities shall be released to the OncoGenex Shareholders in the amounts set forth opposite, and upon the achievement of, the milestones set forth on Schedule A to the Escrow Agreements.
Establishment of the Escrow. (a) In accordance with Section 4(c) of the Omnibus Agreement, simultaneously with the consummation of the Merger, the Purchaser and Seller shall deliver or cause to be delivered to the Escrow Agent, the Escrowed Items. The Escrow Agent shall hold the Escrowed Items in escrow pursuant to this Agreement.
Establishment of the Escrow. The Merger Agreement provides for and the Equityholders have consented to, by virtue of their approval of the Merger Agreement: (a) the establishment of the escrow arrangements set forth in this Escrow Agreement and (b) the appointment of the Stockholders’ Representatives as the representatives of the Equityholders for purposes of this Escrow Agreement, and the taking by the Stockholders’ Representatives of any and all actions and the making of any decisions required or permitted to be taken or made by them under this Escrow Agreement.
Establishment of the Escrow. 1.1. Upon her execution of this Agreement, Xxxxxxxxx shall deposit all of the issued and outstanding shares of the Sewage Corporation with the Escrow Agent, together with fully executed blank stock powers, in the form substantially the same as the form attached at Exhibit “A”, to be held in trust, subject to the terms and conditions of this Agreement. By signing below, Escrow Agent acknowledges receipt of the shares and required stock powers.
