Deposit Funds Sample Clauses

Deposit Funds. In the event Lessee does not exercise the purchase option, any returnable portion of the security/damage deposit shall be refunded within fifteen (15) days from the date possession is delivered to Lessor or his/her authorized agent.

Deposit Funds. Any returnable deposits shall be refunded within fifteen (15) days from the date possession is delivered to Lessor or his/her authorized agent.

Deposit Funds. (a) If this Agreement is validly terminated by Seller pursuant to Section 3.2(f) as a result of a breach by Purchaser of this Agreement, subject to the terms of the Deposit Escrow Agreement, Seller shall be entitled to receive Deposit Funds equal to $18,750,000; provided that if, prior to the effective date of such termination by Seller, Purchaser shall have delivered to Seller a valid notice of termination pursuant to Section 3.2(e) (which notice shall state Purchaser's intent to terminate this Agreement if the breach or untruth described in such notice is not cured within the applicable cure period provided herein), Seller shall not be entitled to receive Deposit Funds unless Seller shall have cured in all material respects the breach or untruth referred to in such notice prior to the valid termination of this Agreement. Upon any payment to Seller of amounts drawn under the Letter of Credit as provided in this paragraph (a), subject to Section 3.3, the parties hereto and their Affiliates and Representatives shall be fully released and discharged from all liabilities and obligations under or resulting from this Agreement, and no party shall have any other remedy or cause of action against any other party under or relating to this Agreement; provided, however, that in the event that such termination is a result of any willful breach by Purchaser of this Agreement, Seller shall also be entitled to seek other remedies or causes of action to recover any damages sustained by Seller to the extent that the amount of such damages exceeds the Deposit Funds; and provided further, however, that the aggregate amount recovered (including the Deposit Funds received) by Seller pursuant to this Section 3.5(a) shall not, under any circumstances, exceed an amount equal to the amount of the Break-Up Fee. (b) If this Agreement is validly terminated pursuant to Section 3.2(b) and (i) the Initial Condition (as such term is used in Exhibit A to the Debt Financing Letter) set forth in clause (h) of Exhibit A to the Debt Financing Letter as in effect on the date hereof (or any clause in a subsequent Debt Financing Letter that refers only to the same matters referred to in such clause (h) and that is otherwise substantially identical to such clause (h)) has been satisfied or waived by the lender party to the Debt Financing Letter and (ii) all conditions to Purchaser's and Seller's obligations to effect the Closing have been satisfied or irrevocably waived by the party entitled to ...

Deposit Funds. Deposit all funds collected for Owner in a financial institution trust account whose deposits are insured by an agency of the United States Government. The funds shall be held in a trust account separate from the Broker’s personal accounts. Broker shall not be liable in the event of bankruptcy or failure of said financial institution.

Deposit Funds. Agent will deposit funds collected on behalf of the owner in a client trust account in an insured bank or trust company designated by Agent until the net proceeds (gross rental income less any fees and expenditures properly deducted and accounted for) are disbursed to the owner with an accompanying monthly statement reflecting receipts and disbursements.

Deposit Funds. AGENT shall deposit all funds collected for the OWNER in the AGENT’S trust account in a federally insured bank or savings and loan company in Honolulu designated by the AGENT. In addition to the management fee, all interest will be retained by AGENT. If funds are held in a certificate, or account on which there is a service charge or penalty, such cost is the responsibility of the AGENT, provided AGENT is receiving interest income on funds.

Deposit Funds. 9 Section 3.6 Purchaser Expense Reimbursement............................10

Deposit Funds. (a) As of the date hereof, Buyers have deposited, or caused to be deposited, into escrow with an escrow agent reasonably acceptable to Parent (the “Escrow Agent”) an amount equal to Two Million One Hundred Sixty Six Thousand Three Hundred U.S. Dollars ($2,166,300) (such amount, together with all interest and other earnings accrued thereon, the “Initial Deposit Funds”), and, as soon as practicable after the date hereof, but in any event, within three (3) Business Days, Buyers shall deposit an additional One Hundred Fifty Eight Thousand Seven Hundred U.S. Dollars ($158,700) (such amount, together with all interest and other earnings accrued thereon, the “Additional Deposit Funds” and, once deposited, together with the Initial Deposit Funds, the “Deposit Funds”), in each case, by wire transfer of immediately available funds pursuant to the escrow terms approved by the Bankruptcy Court. The Deposit Funds shall be released by the Escrow Agent and delivered to either (x) Parent or (y) Buyers, as follows: (i) if the Closing shall occur, the Deposit Funds shall be applied towards the Cash Consideration payable by Buyers pursuant to Section 2.5; (ii) if this Agreement is terminated by either AFI Entity pursuant to Section 9.1(f)(i), the Deposit Funds shall be delivered to Parent; or (iii) if this Agreement is terminated other than in a manner provided by Section 9.1(f)(i), the Deposit Funds shall be delivered to Buyers. (b) The parties acknowledge that the agreements contained in this Section 2.6 are an integral part of the transactions contemplated in this Agreement, that the damages resulting from termination of this Agreement under circumstances where the AFI Entities are entitled to the Deposit Funds are uncertain and incapable of accurate calculation and that the delivery of the Deposit Funds is not a penalty but rather shall constitute liquidated damages in a reasonable amount that will compensate the AFI Entities in the circumstances where the AFI Entities are entitled to the Deposit Funds for the efforts and resources expended and opportunities forgone while negotiating this Agreement and in reliance on this Agreement and on the expectation of the consummation of the transactions contemplated hereby, and that, without these agreements, the AFI Entities would not enter into this Agreement.

Deposit Funds. The Investors have previously deposited the Deposit Funds with the Escrow Agent. Upon termination of this Agreement, the Escrow Property (as defined in the Escrow Agreement) (“Escrow Property”) shall be transferred as follows: (a) In the event this Agreement is terminated by the Company pursuant to Section 7.1(e), then the Escrow Property shall be transferred to the Company; (b) In the event this Agreement is terminated pursuant to Section 7.1(a), 7.1(b), 7.1(d), 7.1(f) or 7.1(g), the Escrow Property shall be transferred by the Escrow Agent to the Investors; (c) In the event the Agreement is terminated pursuant to Section 7.1(c), the Escrow Property shall be transferred by the Escrow Agent to the Investors, unless the conditions precedent set forth in Sections 6.1(a) or 6.1(b) (substituting the date of termination of this Agreement for the Closing Date in such provisions) have not been satisfied in which event the Escrow Property shall be transferred by the Escrow Agent to the Company. (d) On the Investor Closing Date, the Escrow Property shall be transferred by the Escrow Agent to the Company pursuant to Section 1.2(a).

Deposit Funds. (a) Upon the date of full and complete execution by the Parties of this Agreement (the “Execution Date”), Purchaser shall pay to Seller the Deposit Funds, in the form of a bank cashier’s check or wire transfer of immediately available funds.