Conflicting Instructions. A person or entity is deemed to be a holder of Registrable Securities whenever such person or entity owns of record such Registrable Securities. If the Company receives conflicting instructions, notices or elections from two or more persons or entities with respect to the same Registrable Securities, the Company will act upon the basis of instructions, notice or election received from the registered owner of such Registrable Securities.
Conflicting Instructions. Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non-conflicting instructions are received from all of the principals to this escrow (subject to sections 7, 9, 11 and 12 above).
Conflicting Instructions. A person or entity is deemed to be a holder of Registrable Common Stock whenever such person or entity owns of record such Registrable Common Stock. If the Company receives conflicting instructions, notices or elections from two or more persons or entities with respect to the same Registrable Common Stock, the Company will act upon the basis of instructions, notice or election received from the registered owner of such Registrable Common Stock.
Conflicting Instructions. If the Indenture Trustee receives conflicting instructions from the Senior Noteholders and the Subordinate Noteholders, the instructions of the Senior Noteholders shall control.
Conflicting Instructions. In any of the circumstances described in subparagraphs A through E, below, the Escrow Holder shall, at its sole discretion, either (1) interplead the Security, (2) retain the Security until the Security is returned to the Subdivider or remitted to the Association in accordance with these instructions, or (3) retain the Security until the Security is disposed of in accordance with written supplemental instructions executed by the Subdivider and the Association, the order of a court of competent jurisdiction, or in accordance with the final binding decision rendered in an alternative dispute resolution proceeding:
A. The Association timely objects in writing to a demand by the Subdivider for the return of the Security;
B. The Subdivider’s demand for the return of the Security is not accompanied by the statement described in Part Two, Paragraph 1-A, above;
C. The Subdivider timely objects in writing to a demand by the Association for remittance of all or any portion of the Security;
D. The Association’s demand for remittance of the Security is not accompanied by the statement described in Part Two, Paragraph 2-A , above; or
E. The Escrow Holder receives conflicting instructions from the parties to this escrow.
Conflicting Instructions. If conflicting instructions are received from joint owners of an account, BB&T Securities may do any of the following: a) choose which instructions to follow and which to disregard; b) suspend all activity in the account until written instruction signed by all owners is received; c) close the account and deliver all Securities and Other Property, net of debits or liabilities, to the address of record; and/or d) take other appropriate legal action. You agree to indemnify and hold harmless BB&T Securities from any damage or cost BB&T Securities incurs as a result of receiving conflicting instructions, and You further agree that in the event indemnification is insufficient, You hereby give BB&T Securities a right of contribution from You.
Conflicting Instructions. If the Company receives conflicting instructions, notices or elections from two or more Persons with respect to the same Registrable Common Stock, the Company will act upon the basis of instructions, notice or election received from the registered owner of such Registrable Common Stock.
Conflicting Instructions. If a bona fide controversy arises between the Parties concerning the release of the Cash Consideration, the Escrow Agent may submit such controversy for resolution by joint written instructions of the parties or by order of a court of competent jurisdiction. If a suit is commenced against the Escrow Agent, it may answer by way of interpleader and name JNE and Purchaser as additional parties to such action, and the Escrow Agent may tender the Cash Consideration into such court for determination of the respective rights, titles and interests of the Parties. Upon such tender, the Escrow Agent shall be entitled to receive from the Parties its reasonable attorneys' fees and expenses incurred in connection with said interpleader action or in any related action or suit. As between JNE and Purchaser, such fees, expenses and other sums shall be paid by the party which fails to prevail in the proceedings brought to determine the appropriate distribution of the Cash Consideration. If and when the Escrow Agent shall so interplead such Parties, or either of them, and deliver the Cash Consideration to the clerk of such court, all of its duties hereunder shall cease, and it shall have no further obligation in this regard. Nothing herein shall prejudice any right or remedy of the Escrow Agent.
Conflicting Instructions. If a controversy arises between the Parties ------------------------- concerning the release of the Deposited Assets hereunder, they shall notify the Escrow Agent. In that event (or, in the absence of such notification, if in the good faith judgment of the Escrow Agent such controversy exists), the Escrow Agent shall not be required to resolve such controversy or take an action but shall be entitled to await resolution of the controversy by joint instructions from the Parties. The Escrow Agent may institute an interpleader action in state or federal court in the State of California to resolve such controversy. If a suit is commenced against the Escrow Agent, it may answer by way of interpleader and name the Parties as additional parties to such action, and the Escrow Agent may tender the Deposited Assets into such court for determination of the respective rights, titles and interests of the Parties. Upon such tender, the Escrow Agent shall be entitled to receive from the Parties its reasonable attorneys' fees and expenses incurred in connection with said interpleader action or in any related action or suit. As between the Parties, such fees, expenses and other sums shall be paid by the party which fails to prevail in the proceedings brought to determine the appropriate distribution of the Deposited Assets. If and when the Escrow Agent shall so interplead such Parties, or either of them, and deliver the Deposited Assets to the clerk of such court, all of its duties hereunder shall cease, and it shall have no further obligation in this regard. Nothing herein shall prejudice any right or remedy of the Escrow Agent.
Conflicting Instructions. In the event the Escrow Agent shall be uncertain as to its duties or rights hereunder or shall receive instructions, claims or demands from any of the parties hereto or from third persons with respect to the Pledged documents held hereunder, which in its sole opinion, are in conflict with any provision of this Agreement, it shall be entitled to refrain from taking any action until it shall be directed otherwise in writing by all the parties hereto and said third persons, if any, or by a final order or judgment of a court of competent jurisdiction.
