After the Designated Date. In the event of a failure to complete the Offer, including due to a failure to obtain listing and trading approvals for the Equity Shares, and if the Bid Amounts have already been transferred to the Public Offer Account, then upon the receipt of written instructions from the Book Running Lead Managers, the Public Offer Bank shall forthwith transfer the amounts held in the Public Offer Account to the Refund Account and the Refund Bank shall make payments (i) within one (1) Working Day of receipt of such instructions from the Book Running Lead Managers if Equity Shares have not been transferred to the Allottees as part of the Offer, and (ii) as per Applicable Laws in the event Equity Shares have been transferred to the Allottees in terms of the Offer. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Bidders without any right or lien thereon. 3.2.4.2. The Escrow Collection Bank agrees that it shall immediately and in any event no later than one (1) Working Day of receipt of such intimation from the Book Running Lead Managers transfer the Surplus Amount to the Refund Account, with notice to the Company, the Selling Shareholders and the Registrar. The Refund Bank shall immediately and in any event no later than one (1) Working Day of the receipt of intimation as per Clause 3. 2.4.1 issue refund instructions to the electronic clearing house, with notice to the Book Running Lead Managers, the Selling Shareholders and the Company. 3.2.4.3. The Parties acknowledge and agree that the entire process of dispatch of refunds through electronic clearance shall be completed within 3 Working Days from the Bid/ Offer Closing Date or such other period prescribed under the SEBI ICDR Regulations and other Applicable Laws. 3.2.4.4. For the purposes of refunds, the Refund Bank will act in accordance with the instructions of the Book Running Lead Managers for issuances of such instruments, copies of which shall be marked to the Company, each Selling Shareholders and the Registrar. 3.2.4.5. Online validation at the point of payment by the Refund Bank is subject to the Registrar providing complete master lists (“Masters”) to the Refund Bank, in the format specified by the Refund Bank. The Registrar shall ensure that any change in the Masters is communicated to the Refund Bank immediately to ensure timely refund. The Registrar shall be liable for all consequences which may arise as a result of delay or error in such communication of the aforesaid changes to the Refund Bank. The Refund Bank shall be responsible for reconciliation of the Refund Account with the Masters provided by the Registrar and the Refund Bank shall provide a list of paid/unpaid cases at regular intervals or as desired by the Registrar, Book Running Lead Managers, the Selling Shareholders and the Company. Any inconsistencies observed by the Refund Bank between the Refund Account and the Masters shall be discussed with the Registrar and the Book Running Lead Managers, prior to dispatch of refund. 3.2.4.6. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Beneficiaries without any right or lien thereon. 3.2.4.7. The Refund Bank reserves the right to not dispatch the refund, if they are not mentioned in the Masters provided by the Registrar, or in case of any mismatch in any of the fields when compared for validation with the Masters.
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After the Designated Date. In the event of a failure to complete the Offer, including due to a failure to obtain listing and trading approvals for the Equity Shares, and if the Bid Amounts have already been transferred to the Public Offer Account, then upon the receipt of written instructions from the Book Running Lead ManagersBRLMs, the Public Offer Account Bank shall forthwith transfer the amounts held in the Public Offer Account to the Refund Account and the Refund Bank shall make payments (i) within 1 (one
(1) Working Day of receipt of such instructions from the Book Running Lead Managers BRLMs if Equity Shares have not been transferred to the Allottees as part of the Offer, and (ii) as per Applicable Laws in the event Equity Shares have been transferred to the Allottees in terms of the Offer. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Bidders without any right or lien thereon.
3.2.4.2. The Escrow Collection Bank agrees that it shall immediately and and, in any event event, no later than one 1 (1one) Working Day of receipt of such intimation as provided in Clause 3.2.1.3 from the Book Running Lead Managers Registrar and BRLMs transfer the Surplus Amount to the Refund Account, Account with notice to the CompanyCompany and the Selling Shareholders. Further, the Selling Shareholders and the Registrar. The Refund Bank shall immediately and in any event no later than one 1 (1one) Working Day of the receipt of intimation as per Clause 3.
2.4.1 3.2.3, issue refund instructions to the electronic clearing house. Such instructions by the Refund Bank, with notice to shall in any event, be no later than 3 (three) Working Days from the Book Running Lead Managers, the Selling Shareholders and the CompanyBid/ Offer Closing Date or any other period as prescribed under Applicable Laws.
3.2.4.3. The Parties acknowledge and agree that the entire process of dispatch of refunds through electronic clearance shall be completed within 3 Working Days from the Bid/ Offer Closing Date or such other period prescribed under timelines in terms of the SEBI ICDR Regulations and other Applicable Laws.
3.2.4.4. The refunds pertaining to amounts in the Refund Account shall be made by the Refund Bank to the respective Bidders in accordance with Applicable Laws. For the purposes of such refunds, the Refund Bank will act in accordance with the instructions of the Book Running Lead Managers BRLMs and the Registrar for issuances of such instruments, copies of which shall be marked to the Company, each the Selling Shareholders and the Registrar.
3.2.4.5. Online validation at the point of payment by the Refund Bank is subject to the The Registrar providing shall provide complete master lists (“Masters”) to the Refund Bank, in the format specified by the Refund Bank. The Registrar shall ensure that any change in the Masters is communicated to the Refund Bank immediately to ensure timely refund. The Registrar shall be liable for all consequences which may arise as a result of delay or error in such communication of the aforesaid changes to the Refund Bank. The Refund Bank shall be responsible for reconciliation of the Refund Account with the Masters provided by the Registrar and the Refund Bank shall provide a list of paid/paid/ unpaid cases at regular intervals or as desired by the Registrar, Book Running Lead ManagersBRLMs, the Company and/or the Selling Shareholders and the CompanyShareholders. Any inconsistencies observed by the Refund Bank between the Refund Account and the Masters shall be discussed with the Registrar and the Book Running Lead ManagersBRLMs, prior to dispatch of refund.
3.2.4.6. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Beneficiaries without any right or lien thereon.
3.2.4.7. The Refund Bank reserves the right to not dispatch the refund, if they are not mentioned in the Masters provided by the Registrar, or in case of any mismatch in any of the fields when compared for validation with the Masters.
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After the Designated Date. In the event of a failure to complete the Offer, including due to a failure to obtain listing and trading approvals for the Equity Shares, and if the Bid Amounts have already been transferred to the Public Offer Account, then upon the receipt of written instructions from the Book Running Lead ManagersBRLM, the Public Offer Bank shall forthwith transfer the amounts held in the Public Offer Account to the Refund Account and the Refund Bank shall make payments payments: (i) within 1 (one
(1) Working Day of receipt of such instructions from the Book Running Lead Managers Registrar if Equity Shares have not been transferred to the Allottees as part of the Offer, and (ii) as per Applicable Laws Law in the event Equity Shares have been transferred to the Allottees in terms of the Offer. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Bidders without any right or lien thereon.
3.2.4.2. 3.3.1 The Escrow Collection Bank agrees that it shall immediately and in any event no later than one (1) Working Day of receipt of such intimation as provided in Clause 3.2.1.1 and 3.2.2 from the Book Running Lead Managers BRLM transfer the Surplus Amount to the Refund Account, with notice to the Company. Further, the Selling Shareholders and the Registrar. The Refund Bank shall immediately and in any event no later than one (1) Working Day of the receipt of intimation as per Clause 3.
2.4.1 3.2.2, issue refund instructions to the electronic clearing house. Such instructions by the Registrar, with notice to shall in any event, be no later than six Working Days from the Book Running Lead Managers, the Selling Shareholders and the CompanyBid/Offer Closing Date.
3.2.4.3. 3.3.2 The Parties acknowledge and agree that the entire process of dispatch transfer of refunds through electronic clearance shall be completed within 3 Working Days from the Bid/ Offer Closing Date or such other period prescribed under timelines in terms of the SEBI ICDR Regulations and other Applicable LawsLaw.
3.2.4.43.3.3 The refunds pertaining to amounts in the Refund Account shall be made by the Refund Bank in manner provided in the Red Herring Prospectus and in accordance with Applicable Laws and the refunds to the Underwriters shall be as per the directions from the Underwriters. For the purposes of such refunds, the Refund Bank will act in accordance with the instructions of the Book Running Lead Managers BRLM for issuances of such instruments, copies of which shall be marked to the Company, each the Selling Shareholders and the Registrar.
3.2.4.5. Online validation at the point of payment by the Refund Bank is subject to the Registrar providing complete master lists (“Masters”) to the Refund Bank, in the format specified by the Refund Bank. The Registrar shall ensure that any change in the Masters is communicated to the Refund Bank immediately to ensure timely refund. The Registrar shall be liable for all consequences which may arise as a result of delay or error in such communication of the aforesaid changes to the Refund Bank. The Refund Bank shall be responsible for reconciliation of the Refund Account with the Masters provided by the Registrar and the Refund Bank shall provide a list of paid/unpaid cases at regular intervals or as desired by the Registrar, Book Running Lead Managers, the Selling Shareholders and the Company. Any inconsistencies observed by the Refund Bank between the Refund Account and the Masters shall be discussed with the Registrar and the Book Running Lead Managers, prior to dispatch of refund.
3.2.4.6. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Beneficiaries without any right or lien thereon.
3.2.4.7. The Refund Bank reserves the right to not dispatch the refund, if they are not mentioned in the Masters provided by the Registrar, or in case of any mismatch in any of the fields when compared for validation with the Masters.
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Samples: Escrow and Sponsor Bank Agreement
After the Designated Date. In the event of a failure to complete the Offer, including due to a failure to obtain listing and trading approvals for the Equity Shares, and if the Bid Amounts have already been transferred to the Public Offer Account, then upon the receipt of written instructions from the Book Running Lead Managers, the Public Offer Account Bank shall forthwith transfer the amounts held in the Public Offer Account to the Refund Account and the Refund Bank shall make payments (i) within one
(1) one Working Day of receipt of such instructions from the Book Running Lead Managers if Equity Shares have not been transferred to the Allottees as part of the Offer, and (ii) as per Applicable Laws Law in the event Equity Shares have been transferred to the Allottees in terms of the Offer. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Bidders without any right or lien thereon.
3.2.4.2. 3.2.4.2 The Escrow Collection Bank agrees agree that it shall immediately and and, in any event event, no later than one (1) Working Day of receipt of such intimation as provided in Clause 3.2.1.3 from the Book Running Registrar and Lead Managers transfer the Surplus Amount to the Refund Account, Account with notice to the Company, the Selling Shareholders and the RegistrarRegistrar to the Offer. The Further, the Refund Bank shall immediately and in any event no later than one (1) Working Day of the receipt of intimation as per Clause 3.
2.4.1 3.2.3, issue refund instructions to the electronic clearing house, house with notice to the Book Running Lead Managers, the Selling Shareholders Shareholder and the Company. Such instructions by the Refund Bank, shall in any event, be no later than six Working Days from the Bid/ Offer Closing Date or any other period as prescribed under Applicable Law.
3.2.4.3. 3.2.4.3 The Parties acknowledge and agree that the entire process of dispatch of refunds through electronic clearance shall be completed within 3 Working Days from the Bid/ Offer Closing Date or such other period prescribed under timelines in terms of the SEBI ICDR Regulations and other Applicable Law. The refunds pertaining to amounts in the Refund Account shall be made by the Refund Bank to the respective Anchor Investors in accordance with Applicable Laws.
3.2.4.4. For the purposes of such refunds, the Refund Bank will act in accordance with the instructions of the Book Running Lead Managers and the Registrar for issuances of such instruments, copies of which shall be marked to the Company, each the Selling Shareholders and the Registrar. The refunds pertaining to amounts in the Refund Account shall be made by the Refund Bank to the respective Bidders in manner set forth below and under Applicable Law: • NACH – National Automated Clearing House (“NACH”) which is a consolidated system of ECS. Payment of refund would be done through NACH for Bidders having an account at one of the centres specified by the RBI, where such facility has been made available. This would be subject to availability of complete bank account details including Magnetic Ink Character Recognition (MICR) code wherever applicable from the Depository. The payment of refund through NACH is mandatory for Bidders having a bank account at any of the centres where NACH facility has been made available by the RBI (subject to availability of all information for crediting the refund through NACH including the MICR code as appearing on a cheque leaf, from the depositories), except where applicant is otherwise disclosed as eligible to get refunds through NEFT or direct credit or RTGS. • NEFT—Payment of refund may be undertaken through NEFT wherever the branch of the Anchor Investors’ bank is NEFT enabled and has been assigned the Indian Financial System Code (“IFSC”), which can be linked to the MICR of that particular branch. The IFSC may be obtained from the website of RBI as at a date prior to the date of payment of refund, duly mapped with MICR numbers. Wherever the Anchor Investors have registered their nine-digit MICR number and their bank account number while opening and operating the demat account, the same may be duly mapped with the IFSC of that particular bank branch and the payment of refund may be made to the Anchor Investors through this method. In the event NEFT is not operationally feasible, the payment of refunds may be made through any one of the other modes as discussed in this Clause 3.2.4.3; • RTGS—Anchor Investors having a bank account at any of the centers notified by SEBI where clearing houses are managed by the RBI, may have the option to receive refunds, if any, through RTGS. • Direct Credit—Anchor Investors having their bank account with the Refund Bank may be eligible to receive refunds, if any, through direct credit to such bank account. • For all other Bidders, including those who have not updated their bank particulars with the MICR code, refund warrants will be dispatched through speed or registered post (subject to postal rules) at the Bidder’s sole risk. Such refunds will be made by cheques, pay orders or demand drafts drawn on the Refund Bank and payable at par at places where Bids are received. Any bank charges for cashing such cheques, pay orders or demand drafts at other centers will be payable by the respective Bidders.
3.2.4.5. 3.2.4.4 Online validation at the point of payment by the Refund Bank is subject to the Registrar providing complete master lists (“Masters”) to the Refund Bank, in the format specified by the Refund Bank. The Registrar shall ensure that any change in the Masters is communicated to the Refund Bank immediately to ensure timely refund. The Registrar shall be liable for all consequences which may arise as a result of delay or error in such communication of the aforesaid changes to the Refund BankBank and the Refund Bank disclaim all liabilities for effecting a payment as per the Masters in their possession. The Refund Bank shall be responsible for reconciliation of the Refund Account with the Masters provided by the Registrar and the Refund Bank shall provide a list of paid/paid/ unpaid cases at regular intervals or as desired by the Registrar, Book Running Lead Managers, the Company and/or the Selling Shareholders and the CompanyShareholders. Any inconsistencies observed by the Refund Bank between the Refund Account and the Masters shall be discussed with the Registrar and the Book Running Lead Managers, prior to dispatch of refund.
3.2.4.6. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Beneficiaries without any right or lien thereon.
3.2.4.7. The Refund Bank reserves the right to not dispatch the refund, if they are not mentioned in the Masters provided by the Registrar, or in case of any mismatch in any of the fields when compared for validation with the Masters.
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After the Designated Date. 3.2.4.1. In accordance with the procedure set out in the Offer Documents, the Registrar along with the Lead Managers shall at any time on or after Designated Date in the form provided in Schedule I (with a copy to the Company and Selling Shareholder) provide the Escrow Collection Bank with details of the Surplus Amount, if any, to be transferred to the Refund Account. Further, the Registrar (with a copy to the Lead Managers, the Company and the Selling Shareholders) shall also provide the Refund Bank with details of the Bidders to whom refunds have to be made and the amounts to be refunded thereto from the Refund Account in the prescribed form (Schedule IV) hereto.
3.2.4.2. The Parties acknowledge and agree that the entire process of dispatch of refunds through electronic clearance shall be completed within the timelines prescribed under the SEBI ICDR Regulations and other Applicable Law. However, in the case of Minimum Subscription Failure or Stock Exchange Refusal, the entire process of dispatch of refunds of amounts through electronic clearance shall be completed within two days from the Bid/ Offer Closing Date (in the event of a failure to complete Minimum Subscription Failure) or the Offer, including due to a failure to obtain listing and trading approvals for the Equity Shares, and if the Bid Amounts have already been transferred to the Public Offer Account, then upon the receipt of written instructions from the Book Running Lead Managers, the Public Offer Bank shall forthwith transfer the amounts held in the Public Offer Account to the Refund Account and the Refund Bank shall make payments (i) within one
(1) Working Day date of receipt of such instructions intimation from Stock Exchanges rejecting the Book Running Lead Managers if application for listing of the Equity Shares have not been transferred to the Allottees as part of the Offer, and (ii) as per Applicable Laws in the event Equity Shares have been transferred to the Allottees of a Stock Exchange Refusal), or such other prescribed timeline in terms of the Offer. All refunds under this Agreement shall be payable by the Refund Bank SEBI ICDR Regulations and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Bidders without any right or lien thereonother Applicable Law.
3.2.4.23.2.4.3. The Escrow Collection Bank agrees that it shall immediately and in any event no later than one (1) Working Day of receipt of such intimation from the Book Running Lead Managers transfer the Surplus Amount to the Refund Account, with notice to the Company, the Selling Shareholders and the RegistrarRegistrar in accordance with the procedure specified in the RHP and this Agreement. The Refund Bank shall immediately and in any event no later than one (1) Working Day of the receipt of intimation as per Clause 3.
2.4.1 2.4.1. issue refund instructions to the electronic clearing house, with notice to the Book Running Lead Managers, the Selling Shareholders and the Company.
3.2.4.3. The Parties acknowledge and agree that the entire process of dispatch of refunds through electronic clearance shall be completed within 3 Working Days from the Bid/ Offer Closing Date or such other period prescribed under the SEBI ICDR Regulations and other Applicable Laws.
3.2.4.4. For the purposes of refunds, the Refund Bank will act in accordance with the instructions of the Book Running Lead Managers for issuances of such instruments, copies of which shall be marked to the Company, each Selling Shareholders and the Registrar.
3.2.4.5. Online validation at the point of payment by the Refund Bank is subject to the Registrar providing complete master lists (“Masters”) to the Refund Bank, in the format specified by the Refund Bank. The Registrar shall ensure that any change in the Masters is communicated to the Refund Bank immediately to ensure timely refund. The Registrar shall be liable for all consequences which may arise as a result of delay or error in such communication of the aforesaid changes to the Refund Bank. The Refund Bank shall be responsible for reconciliation of the Refund Account with the Masters provided by the Registrar and the Refund Bank shall provide a list of paid/unpaid cases at regular intervals or as desired by the Registrar, Book Running Lead Managers, the Selling Shareholders and the Company. Any inconsistencies observed by the Refund Bank between the Refund Account and the Masters shall be discussed with the Registrar and the Book Running Lead Managers, prior to dispatch of refund.
3.2.4.6. All refunds under this Agreement shall be payable by the Refund Bank and until such refunds are paid as agreed herein, the monies lying in the Refund Account shall be held for the benefit of the Beneficiaries without any right or lien thereon.
3.2.4.7. The Refund Bank reserves the right to not dispatch the refund, if they are not mentioned in the Masters provided by Such intimation from the Registrar, or in case of any mismatch shall in any event, be no later than one Working Day from the Bid/Offer Closing Date.
3.2.4.4. The Company shall, within one (1) Working Day of the fields when compared receipt of the list of Bidders to whom refunds have to be made and the amounts to be refunded thereto, prepare and deliver the requisite stationery for validation with printing of refund intimations to the MastersRegistrar’s office, who in turn shall immediately dispatch such intimations to the respective Bidders and in any event no later than the time period specified in this regard in the Red Xxxxxxx Prospectus, the Prospectus, the Preliminary Offering Memorandum and the Offering Memorandum, or such earlier time as may be required by the Lead Managers.
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Samples: Share Escrow Agreement