Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid. (b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the check. In such cases the Escrow Agent will promptly notify the Company of such return. (c) In the event that (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 14 contracts
Samples: Escrow Agreement (CNL American Properties Fund Inc), Escrow Agreement (CNL Health Care Properties Inc), Escrow Agreement (CNL American Realty Fund Inc)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event any check returned unpaid to paid by a purchaser and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Placement Agent by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted purchaser and shall transmit the check. In statement previously delivered by the Placement Agent relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnPlacement Agent.
(c) In the event that (i) If the Company rejects any subscription purchase of Shares for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriberpurchaser. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Placement Agent rejects any purchase for which the Escrow Agent has not yet collected funds for such subscription but has submitted the purchaser’s check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the purchaser’s check to the rejected or withdrawing subscriber purchaser after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected purchaser’s check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the purchaser’s check directly to the drawer of the check submitted by or on behalf of the subscriberpurchaser.
Appears in 9 contracts
Samples: Escrow Agreement (Tai Shan Communications, Inc.), Escrow Agreement (Tibet Pharmaceuticals, Inc.), Escrow Agreement (Tibet Pharmaceuticals, Inc.)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event any check returned unpaid to paid by a purchaser and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Placement Agent by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted purchaser and shall transmit the check. In statement previously delivered by the Placement Agent relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnPlacement Agent.
(c) In the event that (i) If the Company rejects or Selling Stockholders reject any subscription purchase of Shares for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriberpurchaser. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Placement Agent rejects any purchase for which the Escrow Agent has not yet collected funds for such subscription but has submitted the purchaser’s check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the purchaser’s check to the rejected or withdrawing subscriber purchaser after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected purchaser’s check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the purchaser’s check directly to the drawer of the check submitted by or on behalf of the subscriberpurchaser.
Appears in 3 contracts
Samples: Escrow Agreement (China Customer Relations Centers, Inc.), Escrow Agreement (China Customer Relations Centers, Inc.), Escrow Agreement (China Customer Relations Centers, Inc.)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event that any check returned unpaid to paid by a purchaser and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Placement Agent by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted purchaser and shall transmit the check. In statement previously delivered by the Placement Agent relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnPlacement Agent.
(c) In the event that (i) If the Company rejects any subscription purchase of Shares for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriberpurchaser. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Placement Agent rejects any purchase for which the Escrow Agent has not yet collected funds for such subscription but has submitted the purchaser’s check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the purchaser’s check to the rejected or withdrawing subscriber purchaser after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected purchaser’s check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the purchaser’s check directly to the drawer of the check submitted by or on behalf of the subscriberpurchaser.
Appears in 3 contracts
Samples: Escrow Agreement, Escrow Agreement (Wheeler Real Estate Investment Trust, Inc.), Escrow Agreement (Homeowners Choice, Inc.)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check Payment for collection and, upon collection of the proceeds of each checkPayment, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check Payment is drawn to confirm that the check Payment has been paid.
(b) Any check Payment returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the checkPayment. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen ten (1510) days from the date written confirmation has been mailed to received by the subscriber, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check Payment to the drawer of the check Payment submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check Payment relating to such subscription for collection, the Escrow Agent shall promptly issue a check Payment in the amount of such check Payment to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check Payment relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check Payment directly to the drawer of the check Payment submitted by or on behalf of the subscriber.
Appears in 3 contracts
Samples: Escrow Agreement (CNL Hospitality Properties II, Inc.), Escrow Agreement (CNL Retirement Properties Inc), Escrow Agreement (CNL Income Properties Inc)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the check. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen ten (1510) days from the date written confirmation has been mailed to received by the subscriber, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 2 contracts
Samples: Escrow Agreement (CNL Retirement Properties Inc), Escrow Agreement (CNL Income Properties Inc)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward for collection each check for collection which it receives as contemplated hereby and, upon collection of the proceeds of each such check, to deposit the collected proceeds in the Escrow Account or, alternativelyAccount. As an alternative, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) . Any check returned unpaid to the Escrow Agent shall be returned by the Escrow Agent to the Soliciting Dealer Subscriber that submitted the check. In such cases cases, the Escrow Agent will promptly notify the Company Entity of such return.
(c) In . If the event that (i) the Company Entity rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from subscription, the date written confirmation has been mailed to the subscriber, and, in either such event, Entity shall promptly notify the Escrow Agent has already collected funds for in writing of the same and after receipt of any such subscriptionnotice, (a) the Escrow Agent shall promptly issue a refund check to the drawer of rejected subscriber if the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses Escrow Agent has already collected funds therefor, (ib) or (ii) of the preceding sentence occur and, in either such event, if the Escrow Agent has not yet collected funds for such subscription but has submitted the subscriber's check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the subscriber's check to the rejected or withdrawing subscriber after the Escrow Agent has cleared collected such funds. If , and (c) if the Escrow Agent has not yet submitted a rejected subscriber's check for collection or upon the check relating to the subscription return unpaid of the any rejected or withdrawing subscriber's check, the Escrow Agent shall promptly remit such the subscriber's check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 2 contracts
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check Payment for collection and, upon collection of the proceeds of each checkPayment, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any check Payment returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the checkPayment. In such cases cases, the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) the Company, the General Partner or any agent acting on behalf of the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, Units and the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check Payment to the drawer of the check Payment submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check Payment relating to such subscription for collection, the Escrow Agent shall promptly issue a check Payment in the amount of such check Payment to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check Payment relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check Payment directly to the drawer of the check Payment submitted by or on behalf of the subscriber.
Appears in 2 contracts
Samples: Escrow Agreement (Commonwealth Income & Growth Fund 8, LP), Escrow Agreement (Commonwealth Income & Growth Fund VII, LP)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the checkcheck or the Managing Dealer. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that If (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscribersubscriber by the Managing Dealer or appropriate Selected Dealer, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall shall, after receiving written notice from the Company of such event, promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If the Escrow Agent receives written notice that either of the events specified in the clauses (i) or (ii) of the preceding sentence occur has occurred and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 2 contracts
Samples: Escrow Agreement (Orange Hospitality, INC), Escrow Agreement (Orange Hospitality, INC)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event any check returned unpaid to paid by a purchaser and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Placement Agent by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted purchaser and shall transmit the check. In statement previously delivered by the Placement Agent relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnUnderwriter.
(c) In the event that (i) If the Company rejects any subscription purchase of Shares for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriberpurchaser. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Placement Agent rejects any purchase for which the Escrow Agent has not yet collected funds for such subscription but has submitted the purchaser’s check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the purchaser’s check to the rejected or withdrawing subscriber purchaser after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected purchaser’s check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the purchaser’s check directly to the drawer of the check submitted by or on behalf of the subscriberpurchaser.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer or Managing Dealer that submitted the check. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that If (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscribersubscriber by the appropriate Managing Dealer or appropriate Selected Dealer, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall shall, after receiving written notice from the Company of such event, promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If the Escrow Agent receives written notice that either of the events specified in the clauses (i) or (ii) of the preceding sentence occur has occurred and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event any check returned unpaid to paid by a purchaser and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Placement Agent by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted purchaser and shall transmit the check. In statement previously delivered by the Placement Agent relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnPlacement Agent.
(c) In the event that (i) If the Company rejects any subscription purchase of Units for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriberpurchaser. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Placement Agent rejects any purchase for which the Escrow Agent has not yet collected funds for such subscription but has submitted the purchaser’s check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the purchaser’s check to the rejected or withdrawing subscriber purchaser after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected purchaser’s check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the purchaser’s check directly to the drawer of the check submitted by or on behalf of the subscriberpurchaser.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event any check returned unpaid to paid by a purchaser and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Underwriter or the Company, as the case may be, by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted purchaser and shall transmit the check. In statement previously delivered by the Underwriter or the Company, as the case may be, relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnUnderwriter.
(c) In the event that (i) If the Company rejects any subscription purchase of Shares for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriberpurchaser. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Underwriter rejects any purchase for which the Escrow Agent has not yet collected funds for such subscription but has submitted the purchaser's check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the purchaser's check to the rejected or withdrawing subscriber purchaser after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected purchaser=s check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the purchaser's check directly to the drawer of the check submitted by or on behalf of the subscriberpurchaser.
Appears in 1 contract
Collection Procedure. (a) 5.1. The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternativelyAccount. As an alternative, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) 5.2. Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted Company or the checkPlacement Agent. In such cases cases, the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) 5.3. If the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Company rejects any subscription for which the Escrow Agent has not yet collected funds for such subscription but has submitted the subscriber's check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the subscriber's check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the rejected subscriber's check which has been submitted for collection by the Escrow Agent is uncollectible, and if the Escrow Agent has issued a check to the rejected subscriber hereunder, then the Escrow Agent shall notify the Company and the Company shall immediately reimburse the Escrow Agent for the amount of such funds. If the Escrow Agent has not yet submitted the a rejected subscriber's check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the subscriber's check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward deposit each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paidAccount.
(b) Any In the event that any check returned unpaid to paid by a subscriber and deposited in the Escrow Account shall be returned, the Escrow Agent shall be notify the Underwriter by telephone of such occurrence and advise it of the name of the purchaser, the amount of the check returned, and any other pertinent information. The Escrow Agent shall then transmit the returned check directly to the Soliciting Dealer that submitted subscriber and shall transmit the check. In statement previously delivered by the Underwriter relating to such cases purchase to the Escrow Agent will promptly notify the Company of such returnUnderwriter.
(c) In If the event that (i) the Company Underwriter rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for such subscriptionfunds, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Underwriter rejects any subscription for which the Escrow Agent has not yet collected funds for such subscription but has submitted the subscriber's check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such the subscriber's check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the a rejected subscriber's check relating to the subscription of the rejected or withdrawing subscriberfor collection, the Escrow Agent shall promptly remit such the subscriber's check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Account. Any check returned unpaid to the Escrow Agent shall be returned to either the Soliciting Placement Agent or the Selected Dealer that submitted the check, at the address indicated on the Written Account or such other address that Escrow Agent can determine. In such cases cases, the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) . If the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, which the Escrow Agent has already collected funds for and upon written notice of such subscriptionrejection to the Escrow Agent from the Company and the Placement Agent, the Escrow Agent shall promptly issue a refund check to the drawer rejected subscriber in the amount of the subscriber's check submitted by or on behalf of the rejected or withdrawing subscriberplus any interest credited thereon. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, Company rejects any subscription for which the Escrow Agent has not yet collected funds for such subscription but has submitted the subscriber's check relating for collection and upon written notice of such rejection to such subscription for collectionEscrow Agent from the Company, the Escrow Agent shall promptly issue a check in the amount of such the subscriber's check to the rejected or withdrawing subscriber after the Escrow Agent has cleared is satisfied that such fundsuncollected funds are collected. If the Escrow Agent has not yet submitted a rejected subscriber's check for collection and upon written notice to Escrow Agent from the check relating to the subscription of the rejected or withdrawing subscriberCompany is rejecting such subscription, the Escrow Agent shall promptly remit such return the subscriber's check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the check. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from as provided in the date written confirmation has been mailed to the subscriberRegistration Statement, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Samples: Escrow Agreement (CNL American Properties Fund Inc)
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the check. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen ten (1510) days from the date written confirmation has been mailed to the subscriber, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check for collection and, upon collection of the proceeds of each check, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check is drawn to confirm that the check has been paid.
(b) Any check returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the check. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that If (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, the Escrow Agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check to the drawer of the check submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check relating to such subscription for collection, the Escrow Agent shall promptly issue a check in the amount of such check to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check directly to the drawer of the check submitted by or on behalf of the subscriber.
Appears in 1 contract
Collection Procedure. (a) The Escrow Agent is hereby authorized to forward each check Payment for collection and, upon collection of the proceeds of each checkPayment, to deposit the collected proceeds in the Escrow Account or, alternatively, the Escrow Agent may telephone the bank on which the check Payment is drawn to confirm that the check Payment has been paid.
(b) Any check Payment returned unpaid to the Escrow Agent shall be returned to the Soliciting Dealer that submitted the checkPayment. In such cases the Escrow Agent will promptly notify the Company of such return.
(c) In the event that (i) the Company rejects any subscription for Shares or (ii) an investor who has telephonically or orally subscribed for Shares properly withdraws such subscription within fifteen (15) days from the date written confirmation has been mailed to the subscriber, and, in either such event, the Escrow Agent agent has already collected funds for such subscription, the Escrow Agent shall promptly issue a refund check Payment to the drawer of the check Payment submitted by or on behalf of the rejected or withdrawing subscriber. If either of the events specified in the clauses (i) or (ii) of the preceding sentence occur and, in either such event, the Escrow Agent has not yet collected funds for such subscription but has submitted the check Payment relating to such subscription for collection, the Escrow Agent shall promptly issue a check Payment in the amount of such check Payment to the rejected or withdrawing subscriber after the Escrow Agent has cleared such funds. If the Escrow Agent has not yet submitted the check Payment relating to the subscription of the rejected or withdrawing subscriber, the Escrow Agent shall promptly remit such check Payment directly to the drawer of the check Payment submitted by or on behalf of the subscriber.
Appears in 1 contract