Amendment to Escrow Agreement. Section 4(b) of the Escrow Agreement shall be amended by deleting the first sentence of that Section in its entirety and substituting in lieu thereof the following: On May 15, 2010 (the “Final Disbursement Date”), Escrow Agent shall disburse to IREIC and the Agent (or as directed by IREIC and the Agent in writing no less than two (2) Business Days prior to the Final Disbursement Date), an amount of Escrowed Shares (the “Final Disbursement Amount”) equal to 100% of (A) the Value of the Escrow as of the Final Disbursement Date less (B) an amount (the “Final Withheld Amount”) equal to the aggregate Damages, if any, then claimed by IWEST pursuant to a proper IWEST Disbursement Request or Final Adjudication received by Escrow Agent, IREIC and the Agent in accordance with Section 4(c) below prior to the Final Disbursement Date (each, an “IWEST Claim”), which claimed Damages have not been disbursed from the Escrow Fund or otherwise paid or satisfied prior to the Final Disbursement Date.
Amendment to Escrow Agreement. This Escrow Agreement may not be amended except by a written instrument executed by the Bank, the Authority, the City and the Escrow Agent.
Amendment to Escrow Agreement. The second recital of the Escrow Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Escrow Agreement. The parties acknowledge and agree that prior to the Closing, the Escrow Agreement attached to the Agreement as Exhibit 1.2 shall be amended, as mutually agreed by the Company and Buyer, to reflect the changes set forth in this Amendment, including changing the Escrow Agent therein.
Amendment to Escrow Agreement. Effective immediately upon the complete execution of this Escrow Amendment, the definition of “Share Exchange Deliveries Deadline” in Section 2.1 of the Escrow Agreement shall mean “twenty-seven (27) Trading Days of the Escrow Opening Date” so that the Share Exchange Deliveries Deadline shall be July 31, 2009.
Amendment to Escrow Agreement. Section 1 of the Escrow Agreement is ----------------------------- hereby amended by adding thereto, the following: Notwithstanding anything in this Escrow Agreement to the contrary, all subscription funds that are attributable to sales of Shares effected through Xxxxxx Xxxxxx & Company, Inc., in its capacity as standby placement agent for the Offering, shall be transmitted directly to the Escrow Agent by noon of the next business day after receipt of such funds.
Amendment to Escrow Agreement. On the date of this Amendment, the parties are executing the Amendment to Escrow Agreement referred to in Section 5 of this Amendment to permit Buyer to extend the Closing Date to May 15, 1998.
Amendment to Escrow Agreement. Concurrently with the execution of this Agreement, Parent, the Company, Sponsor and Continental have entered into an amendment substantially in the form of Exhibit E hereto (“Escrow Amendment”) to the Stock Escrow Agreement providing for the following:
Amendment to Escrow Agreement. The second sentence of Section 6.e.iii. of the Escrow Agreement shall be amended and restated as follows: “Unless otherwise set forth in a Joint Written Direction, all indemnifiable Damages to be satisfied out of the Escrow Fund, including any Uncontested Amount or Partial Uncontested Amount pursuant to Section 6.c., any Contested Amount pursuant to Section 6.d., and any Net Working Capital Deficiency, shall to the extent reasonably possible be payable in Escrow Shares and Escrow Cash on a 42.17%/57.83%, respectively, basis.”
Amendment to Escrow Agreement. The parties agree that in order to effect the intent of this Amendment No. 2, Purchaser is hereby authorized to file a financing statement contemplated by Sections 2.1(c) and 2.1(e) of the Purchase and Sale Agreement in the form set forth in Exhibit A hereto and a UCC termination statement with respect to the financing statement contemplated by Section 2.1(f) of the Purchase and Sale Agreement in the form set forth in Exhibit B hereto. The parties further agree that Section 2.1(f) of the Purchase and Sale Agreement shall have no further force or effect as of the Amendment No. 2
