Amendment to Escrow Agreement. (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 August 16, 2010 (the “Final Disbursement Date”), the 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 Date”) 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 the 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 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. The second recital of the Escrow Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Escrow Agreement of the form of Escrow Agreement attached as Schedule 2(e) to the Stock Purchase Agreement is hereby amended by adding the following sentence at the end thereof: "The parties agree that the payment by the respective Sellers of amounts owing to the Escrow Agent hereunder shall be paid for their account by Xxxxxx by the setting-off of payments to become due and owing by Xxxxxx to such Sellers under the Promissory Notes executed by Xxxxxx and delivered to the respective Sellers as of this date in accordance with the provisions of the Stock Purchase Agreement."
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. Clauses (i), (ii) and ----------------------------- (iii) of Section 4 in the Escrow Agreement are hereby deleted in their entirety. The remaining portion of Section 4 shall be amended to state in its entirety as follows: If the consideration is not paid as provided in the Purchase Agreements, on or before the close of business on November 8, 1996, the Documents shall be null and void and of no further force or effect and the Escrow Agent shall return one set of fully executed Documents to COMFORCE and one set of fully executed Documents to Continental and Progressive.
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. The parties agree to execute an amendment to the Escrow Agreement to account for the changes herein and other changes agreed to by the parties. The parties agree to give joint instructions to the Escrow Agent to fulfill the purposes of this Agreement.
Amendment to Escrow Agreement. Buyer and Seller agree to enter into an amendment to the Escrow Agreement dated as of March 1, 1999 by and between Seller, ATNM And First Union National Bank. The amendment will provide that if the Closing does not occur because of Buyer's material uncured breach, the parties shall direct the Escrow Agent to pay the Escrow Deposit to Seller, and all interest thereon to Buyer.
