Compensation and Expenses of Escrow Agent. The Managing General Partner shall be solely responsible for and shall pay the compensation of the Escrow Agent for its services under this Agreement, as provided in Appendix 1 to this Agreement and made a part of this Agreement, and the charges, expenses (including any reasonable attorneys’ fees), and other out-of-pocket expenses incurred by the Escrow Agent in connection with the administration of the provisions of this Agreement. The Escrow Agent shall have no lien on the Subscription Proceeds deposited in the escrow account unless and until the Partnership is funded with cleared Subscription Proceeds of at least $2,000,000 and the Escrow Agent receives the proper written notice described in Paragraph 4 of this Agreement, at which time the Escrow Agent shall have, and is granted, a prior lien on any property, cash, or assets held under this Agreement, with respect to its unpaid compensation and nonreimbursed expenses, superior to the interests of any other persons or entities.
Compensation and Expenses of Escrow Agent. The General Partner shall be solely responsible for and shall pay the compensation of the Escrow Agent for its services under this Agreement, as provided in Appendix 1 to this Agreement and made a part of this Agreement, and the charges, expenses (including any reasonable attorneys' fees), and other out-of-pocket expenses incurred by the Escrow Agent in connection with the administration of the provisions of this Agreement. The Escrow Agent shall have no lien on the Subscription Proceeds deposited in the escrow account.
Compensation and Expenses of Escrow Agent. The Managing General Partner shall be solely responsible for and shall pay the compensation of the Escrow Agent for its services under this Agreement, as provided in the attached Appendix II to this Agreement, which is hereby incorporated herein and made a part of this Agreement, and the charges, expenses (including any reasonable attorneys’ fees), and other out-of-pocket expenses incurred by the Escrow Agent in connection with the administration of the provisions of this Agreement. The Escrow Agent shall have no lien on the Subscription Proceeds deposited in the Escrow Account unless and until the Partnership is funded with cleared Subscription Proceeds of at least $2,000,000 and the Escrow Agent receives the proper written notice described in Paragraph 4 of this Agreement, at which time the Escrow Agent shall have, and is granted, a prior lien on any property, cash, or assets held under this Agreement, with respect to its unpaid compensation and non-reimbursed expenses, superior to the interests of any other persons or entities.
Compensation and Expenses of Escrow Agent. The Acceptance Fee and the Administration Fee as provided in Appendix I shall be payable to the Escrow Agent upon execution of this Agreement. If the REIT is not funded as described in Section 8(a) of this Agreement, the REIT shall be solely responsible for and shall pay all of the compensation of the Escrow Agent for its services under this Agreement, as provided in Appendix I to this Agreement and made a part of this Agreement, and the charges, expenses (including any reasonable attorneys’ fees), and other out-of-pocket expenses incurred by the Escrow Agent in connection with the administration of the provisions of this Agreement. The Escrow Agent shall have no lien on the Public Offering Proceeds deposited in the escrow account unless and until the REIT is funded with cleared Public Offering Proceeds of at least $2,000,000, and the Escrow Agent receives the proper written notice described in Section 4 of this Agreement, at which time the Escrow Agent shall have, and is granted, a prior lien on any property, cash, or assets held under this Agreement, with respect to its unpaid compensation and nonreimbursed expenses, superior to the interests of any other persons or entities.
Compensation and Expenses of Escrow Agent. All fees and expenses of the Escrow Agent incurred in the ordinary course of performing its responsibilities hereunder shall be paid by Parent upon receipt of a written invoice by Escrow Agent. Any extraordinary fees and expenses, including without limitation any fees or expenses (including the fees or expenses of outside counsel to the Escrow Agent) incurred by the Escrow Agent in connection with a dispute over the distribution of Severance Escrow Shares or the validity of a Notice of Claim, shall be paid by Parent upon receipt of a written invoice by Escrow Agent; PROVIDED, HOWEVER, that notwithstanding the foregoing, the Significant Shareholders shall be liable for any extraordinary fees and expenses of the Escrow Agent arising in connection with a dispute hereunder, in the event that Parent prevails in such dispute, PROVIDED such liability shall not exceed the value of the Severance Escrow Shares then in escrow. The Escrow Agent shall have no duty to solicit any payments which may be due it hereunder.
Compensation and Expenses of Escrow Agent. All fees and expenses of the Escrow Agent incurred in the ordinary course of performing its responsibilities hereunder in accordance with the fee schedule attached hereto as EXHIBIT B shall be paid by Microfield upon receipt of a written invoice by Escrow Agent. Any extraordinary fees and expenses, including without limitation any fees or expenses incurred by the Escrow Agent in connection with a dispute over the distribution of Escrow Shares or the validity of a Notice of Claim, shall be paid fifty percent (50%) by Microfield and fifty percent (50%) by the Shareholders (each Shareholder paying it or his escrow percentage) upon receipt of a written invoice by Escrow Agent, and subject to the provisions of Section 4.3(b) shall be allocated to the non-prevailing party in any action, arbitration, trial or appeal.
Compensation and Expenses of Escrow Agent. The General Partner shall compensate the Escrow Agent for its services under this Agreement as set forth in Schedule I. In addition, the General Partner shall be obligated to reimburse the Escrow Agent for all fees, costs and expenses incurred or that become due in connection with this Agreement or the Escrow Account, including reasonable and documented attorneys’ fees. Neither the modification, cancellation, termination or rescission of this Agreement, nor the resignation or termination of the Escrow Agent, shall affect the right of Escrow Agent (i) to retain the amount of any fee which has been paid, or (ii) to be reimbursed or paid any amount which has been incurred or becomes due, prior to the effective date of any such modification, cancellation, termination, resignation or rescission. No party other than the General Partner shall be responsible for payment under this section. The Escrow Agent shall have no right to claim or encumber deposited Subscription Proceeds for payment of fees.
Compensation and Expenses of Escrow Agent. All fees and expenses of the Escrow Agent incurred in the ordinary course of performing its responsibilities hereunder shall be paid by Broadbase upon receipt of a written invoice by Escrow Agent in accordance with Exhibit B.
Compensation and Expenses of Escrow Agent. The Company shall be solely responsible for and shall pay the compensation of the Escrow Agent for its services hereunder, as provided in Appendix 1 to this Agreement and made a part hereof, and the charges, expenses (including any reasonable attorneys' fees), and other out-of-pocket expenses incurred by the Escrow Agent in connection with the administration of the provisions of this Agreement. The Escrow Agent shall have no lien on the Subscription Proceeds deposited in an escrow account unless and until the Company is funded with cleared Subscription Proceeds of at least $700,000 and the Escrow Agent receives the notice described in Paragraph 4 of this Agreement, at which time the Escrow Agent shall have, and is hereby granted, a prior lien upon any property, cash, or assets held hereunder, with respect to its unpaid compensation and nonreimbursed expenses, superior to the interests of any other persons or entities.
Compensation and Expenses of Escrow Agent. Purchaser and Seller shall each pay Escrow Agent a fee of twelve thousand five-hundred dollars ($12,500), for a total of twenty-five thousand dollars ($25,000.00), for services rendered pursuant to this Agreement. In addition, Purchaser shall pay all and any reasonable expenses, including attorneys’ fees, incurred by Escrow Agent in connection with its performance under this Agreement. If Escrow Agent incurs any additional or other charges, costs or expenses as a result of the wrongful or improper act of the Purchaser, then the Purchaser shall be liable to the Seller for the additional amounts paid by Seller to the Escrow Agent as a result of the Purchaser’s wrongful or improper act. Notwithstanding anything herein or in the Purchaser’s Instructions to the contrary, Escrow Agent shall be entitled to retain from the Escrowed Funds any outstanding fees and/or expenses then due to it hereunder. Escrow Agent is hereby granted a lien on the Escrowed Funds and Option Shares for all indebtedness that may become owing to Escrow Agent pursuant to this agreement, which may be enforced by Escrow Agent by appropriate foreclosure proceedings. Such lien shall be extinguished as to so much of the Escrowed Funds as are distributed by Escrow Agent.
