Cash Escrow Sample Clauses
Cash Escrow. The Seller herewith deposits with the Escrow Agent, and the Escrow Agent acknowledges receipt of the sum of ($) which said sum shall be held by the Escrow Agent and disbursed as follows:
(1) In the event the Seller completes the work and improvements in full accordance with the plans and specifications referred to above and upon Seller presenting to the Escrow Agent satisfactory evidence to assure that no mechanics' liens are outstanding or can attach on account of such work and/or improvements, the Escrow Agent shall thereupon pay to the Seller the sum deposited, or such lesser sum as the Loan Guaranty Officer may have approved, without interest, provided the Escrow Agent is in receipt of advice from the Loan Guaranty Officer of the Department of Veterans Affairs that the improvements have been satisfactorily completed.
(2) In the event the Seller fails to complete all or any part of the improvements specified herein in full accordance with the said plans and specifications on or before the date specified in Paragraph 1 hereof, the Lender, with the approval of the Loan Guaranty Officer of the Department of Veterans Affairs, shall have the right to enter into a contract with any third party for the completion of such part of the work as the Seller has failed adequately to perform. In such event the Escrow Agent shall pay over, at the joint direction of the Lender and the Loan Guaranty Officer, all or any part of the escrowed funds in such amounts and to such persons as may be specified in such joint direction. The Seller hereby releases the Lender from any liability whatsoever to pay over or account for all or such part of the funds deposited hereunder as may be expended at the joint direction of the Lender and the Loan Guaranty Officer as provided herein. VA FORM MAY 2005 EXISTING STOCKS OF VA FORM 26-1849, APR 1999, WILL BE USED.
(3) In the event the Lender, pursuant to the provisions of paragraph (2) hereof, proceeds to complete any of the uncompleted improvements, the Seller hereby irrevocably authorizes and empowers the Lender, its agents, employees, contractors and laborers to enter into and upon said premises for the purpose of carrying such work and improvements to completion and further authorizes and empowers the Lender to take charge of the property affected and all lands belonging to the Seller appurtenant thereto and which are a part of the total project as described and proposed in the loan application, loan report, plans and specifications, ...
Cash Escrow. Within sixty (60) days of the Effective Date of this ----------- Agreement, or such other time period as mutually agreed by the parties, CP and NSI shall enter into an escrow deposit agreement ("Escrow Agreement") with a mutually agreeable escrow agent for the establishment of an escrow account. CP shall deposit the amount of Two Hundred Fifty Thousand Dollars (US $250,000) (the "Deposit") in such escrow account and shall list NSI as the beneficiary thereof upon occurrence of a Release Condition as defined below. NSI agrees to pay all applicable fees for the establishment and maintenance of the escrow account.
Cash Escrow. To secure completion of these improvements on or before the specified completion date, the undersigned agrees to hold the sum of $ -29089:DB9113 , hereinafter referred to as the "Fund," and not to expend or disburse said Fund until a representative of the undersigned has made a personal inspection of the work and found that all items have been satisfactorily completed and there is evidence satisfactory to the undersigned that there are no liens or possibilities of liens in connection with said improvements on the premises covered by the above.
Cash Escrow. (a) The parties must, as soon as practicable after the date of this document and in any event prior to the date specified in clause 2.6(b), agree to a third party escrow arrangement with the Escrow Agent on such terms as are customary in Hong Kong and which are acceptable to MCE and New Cotai Holdings in the exercise of their reasonable discretion (Escrow Agreement) to hold and pay the amount referred to in clause 2.6(c).
(b) In addition to such terms as may be agreed under clause 2.6(a), the Escrow Agreement must provide that:
(i) the amount deposited under clause 2.6(c) must be disbursed to an account designated by New Cotai Holdings immediately upon (or as soon thereafter as agreed to by the Escrow Agent) receipt by the Escrow Agent of confirmation from MCE’s bank that it has wired the Purchase Price (as defined in the Cyber One SPA) to East Asia (and MCE must provide irrevocable instructions to its bank to that effect); and
(ii) if for whatever reason the Effective Time has not occurred on or before the Long Stop Date or this document is otherwise terminated under clause 3.3, the amount deposited under clause 2.6(c) must be repaid to MCE on or before the date three Business Days after the Long Stop Date (together with all interest payable on that amount).
(c) Within five Business Days following despatch by eSun of a circular to its shareholders and notice of meeting under clause 3.4(b)(ii) of the Cyber One Sale Agreement, MCE must deposit US$50 million with the Escrow Agent to be held by that person on the terms of the Escrow Agreement.
(d) MCE must provide the Escrow Agent irrevocable instructions that the amount deposited under clause 2.6(c) must be disbursed at the Effective Time to an account designated by New Cotai Holdings on receipt by the Escrow Agent of confirmation from MCE’s bank that it has wired the Purchase Price (as defined in the Cyber One SPA) to East Asia and MCE’s bank must be authorized to provide such confirmation without further action by MCE.
Cash Escrow. Security provided as cash pursuant to this Section 8.2 shall be United States currency, deposited with a financial institution or company acceptable to Buyer (“Seller Issuer”), either: (i) in an account under which Buyer is designated as beneficiary with sole authority to draft from the account or otherwise access the security; or (ii) held by Seller Issuer as agent pursuant to an Escrow Agreement for Seller in the form attached hereto as Exhibit F for Project Development Security and pursuant to a control agreement in a form reasonably acceptable to Buyer for Delivery Term Security. Security provided in this form shall include a requirement for immediate Notice to Buyer from Seller Issuer and Seller in the event that the sums held as security in the account or trust are less than the then-current amount of Performance Assurance. Funds held in the account may be deposited in a money-market fund, short-term treasury obligations, investment-grade commercial paper and other liquid investment-grade investments with maturities of three months or less, with all investment income thereon to be taxable to, and to accrue for the benefit of, Seller. Quarterly account sweeps by Seller for recovery of interest earned by the cash escrow shall be allowed; it being understood that Buyer shall draw and remit to Seller, on demand by Seller (which demand may be made at least quarterly), any excess in the account above the then-current amount of Performance Assurance.
Cash Escrow. The Sellers identified in Schedule 4.5.1 attached hereto shall deliver to the issuer of the credit enhancement for the applicable Bonds as escrow agent (each an "Escrow Agent") immediately available funds on the Closing Date in the respective amounts as specified on Schedule 4.
5.1. Such amounts shall be held by the Escrow Agent in escrow pursuant to a separate agreement for each Asset Motel financed with the Bonds, such escrow agreements to be entered into at Closing and to incorporate the applicable provisions of this Section 4.5. Such funds shall be invested as directed by mutual agreement of the applicable Sellers and the applicable Buyers, as specified on Schedule 4.5.1 hereto, or if they are unable to agree, in a money market investment, with the earnings to be disbursed as set forth herein. Such funds shall not be invested at a yield in excess of the yield on the applicable Bonds unless an opinion of Bond Counsel is delivered to the applicable Sellers stating that investment at a yield in excess of the yield on the applicable Bonds will not cause such Bonds to lose their tax exempt status.
Cash Escrow. Upon execution of this Agreement, Purchaser shall pay an amount equal to Seven Hundred Fifty Thousand Dollars ($750,000) (the "Escrow Funds") to the escrow agent (the "Escrow Agent") under the escrow agreement executed and delivered simultaneously herewith (the "Escrow Agreement"), which amount shall be payable by the Escrow Agent to the Shareholders, at the Closing, subject to the provisions of, and as provided in, the Escrow Agreement, if and only if either (i) the Closing occurs or (ii) the Closing does not occur as a result of Purchaser's failure to obtain financing as specified in Section 7.1(i) or Purchaser's refusal to close the transactions contemplated by this Agreement in breach of this Agreement. Notwithstanding any other provision of this Agreement, the Escrow Funds represent liquidated damages in the event of, and constitute the sole remedy for, Purchaser's failure to close the transactions contemplated by this Agreement in breach of this Agreement.
Cash Escrow. Security provided as cash pursuant to this Section 8.1 shall be United States currency, deposited with a financial institution or company acceptable to Seller (“Buyer Issuer”), either: (i) in an account under which Seller is designated as beneficiary with sole authority to draft from the account or otherwise access the security; or (ii) held by Buyer Issuer as agent pursuant to a control agreement in a form reasonably acceptable to Seller. Security provided in this form shall include a requirement for immediate Notice to Seller from Buyer Issuer and Buyer in the event that the sums held as security in the account or trust are less than the then-current amount of Performance Assurance. Funds held in the account may be deposited in a money-market fund, short- term treasury obligations, investment-grade commercial paper and other liquid investment-grade investments with maturities of three months or less, with all investment income thereon to be taxable to, and to accrue for the benefit of, Buyer. Quarterly account sweeps by Buyer for recovery of interest earned by the cash escrow shall be allowed; it being understood that Seller shall draw and remit to Buyer, on demand by Buyer (which demand may be made at least quarterly), any excess in the account above the then-current amount of Performance Assurance.
Cash Escrow. Delano shall deposit immediately on the Holders' behalf with the Custodian cash in United States currency paid pursuant to the Merger in the relative amounts as set forth on EXHIBIT 1.1 hereto. The cash deposited in connection with this Escrow Agreement is referred to as the "CASH ESCROW." The Escrowed Shares and the Cash Escrow are sometimes collectively referred to as the "TOTAL ESCROW."
Cash Escrow. The parties hereto each acknowledge and agree that RTIC will deposit the Cash Consideration in an escrow account (the "Escrow Account"), to be held until the Effective Date or earlier termination of this Agreement pursuant to the terms and conditions of an escrow agreement, in substantially the form of Exhibit 5.9 hereto.