Court Appointment. If the parties hereto are unable to agree upon a successor or shall have failed to appoint a successor prior to the expiration of thirty (30) days following the date of the notice of resignation or removal, then the acting Custodian may petition any court of competent jurisdiction for the appointment of a successor Custodian or other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.
Appears in 2 contracts
Samples: Escrow Agreement (Technology Crossover Management Ii LLC), Escrow Agreement (Mossimo Inc)
Court Appointment. If the parties hereto are unable ----------------- to agree upon a successor or shall have failed to appoint a successor prior to the expiration of thirty (30) days following the date of the notice of resignation or removal, then the acting Custodian Custodian, at the expense of the Indemnification Representative and Cambridge, may petition any court of competent jurisdiction for the appointment of a successor Custodian or other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.
Appears in 2 contracts
Samples: Escrow Agreement (Cambridge Technology Partners Massachusetts Inc), Escrow Agreement (Cambridge Technology Partners Massachusetts Inc)
Court Appointment. If the parties hereto are unable to ----------------- agree upon a successor or shall have failed to appoint a successor prior to the expiration of thirty (30) days following the date of the notice of resignation or removal, then the acting Custodian Custodian, at the expense of the Holders and Parent, may petition any court of competent jurisdiction for the appointment of a successor Custodian or other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Del Arroz Manuel)
