Deposit of Cash. (a) Any cash in any currency received by or on behalf of J.X. Xxxxxx for the account of the Customer will be either:
(i) deposited in one or more Cash Accounts at J.X. Xxxxxx in New York or at one of its non-U.S. branch offices and will constitute a debt owing to the Customer by J.X. Xxxxxx as banker, provided that (A) any cash so deposited with a non-U.S. branch office will be payable exclusively by that branch office in the applicable currency, subject to compliance with Applicable Law, including, without limitation, any applicable currency restrictions and (B) while J.X. Xxxxxx is not required to pay or charge interest on any such Cash Account, J.X. Xxxxxx may, from time to time, in its discretion, pay interest on any such Cash Account (or charge interest if, at the time, the prevailing interest rate in the relevant market for similar deposits in the same currency is negative) at a rate to be determined by J.X. Xxxxxx; or
(ii) deposited in an account maintained in the name of the Customer at the Subcustodian in the relevant market, in which case the deposit will constitute a debt owing to the Customer by that Subcustodian as the Customer’s banker and not by J.X. Xxxxxx, payable exclusively in the applicable currency at that Subcustodian; for the avoidance of doubt, cash held in that account will not be part of the Cash Account(s). Any such account at a Subcustodian will only be opened following written notice to the Customer.
(b) Any amounts credited by J.X. Xxxxxx to the Cash Account on the basis of a notice or a provisional credit from a third party, may be reversed if J.X. Xxxxxx does not receive final payment in a timely manner. J.X. Xxxxxx will notify the Customer promptly of any such reversal.
Deposit of Cash. On or prior to the Closing Date, the Borrower will deposit or cause to be deposited in the Cash Collateral Account (or, to the extent permitted under Section 4.01(g) of the Credit Agreement, the Administrative Expense Sub-account) all Cash then owned by the Borrower. Thereafter, the Borrower will cause all Cash owned by Borrower from time to time, including all Cash Distributions received with respect to assets held in the Collateral Accounts and all Proceeds of Collateral, to be deposited in the Cash Collateral Account, to be held and administered as provided under the Credit Documents.
Deposit of Cash. At the Closing, funds equal in amount to the Damage Ceiling shall be withheld from the amount payable to Seller pursuant to this Agreement (the “Holdback Amount”) and shall be held in escrow by the Holdback Agent on and pursuant to the terms and conditions set forth in this Section 15. The Holdback Amount is intended as credit support for Seller’s post-closing obligations under this Agreement and the Seller Estoppel Certificates delivered hereunder, and shall be disbursed to Seller or Buyer, as applicable, as provided in this Section 15. Nothing in this Section 15 shall be deemed to modify, limit or supersede the terms of this Agreement applicable to (i) damages for which Seller may be liable, or any limitations thereon, or (ii) compensation to which Buyer may be entitled, under this Agreement or any Seller Estoppel Certificate.
Deposit of Cash. At or prior to the Effective Time, Parent shall, or shall cause a direct or indirect subsidiary of Parent to, deposit with the Paying Agent for exchange in accordance with this Article II the aggregate amount of cash payable pursuant to Section 2.7(a) (provided that the cash payable pursuant to Section 2.7(a)(i) or Section 2.7(a)(ii)(A) may instead be paid directly by either Parent through its payroll provider or, if so directed by Parent, by the Surviving Corporation through its payroll provider).
Deposit of Cash. Consideration
Deposit of Cash. Simultaneously with the Closing, Parent shall deposit or shall cause to be deposited with the Paying Agent, for the benefit of the holders of Company Common Stock (other than Excluded Shares), cash in an amount approximately equal to the aggregate Merger Consideration (the “Exchange Fund”).
Deposit of Cash. The Company hereby agrees to deposit the Cash Amount in a special, segregated and irrevocable cash collateral account in the Trustee’s name, for the benefit of the Holders [Canwest has removed the account information for confidentiality reasons], with the Trustee at its office in New York, New York (the “Account”). The Company further agrees that so long as any of the Notes remain outstanding, neither the Company nor CMIH shall have any right to withdraw, access, transfer or otherwise dispose of any of the Cash Amount in the Account.
Deposit of Cash. Upon the Closing, Buyer will cause to be delivered to the Escrow Agent (i) this Agreement and (ii) the Escrow Funds by wire transfer of immediately available funds.
Deposit of Cash. Upon the execution and delivery of this Agreement, Salmon Creek will deliver to the Escrow Agent, all but $15 million of the Cash (such delivery shall be accomplished by depositing such Cash into the account of Salmon Creek at the Escrow Agent, such account a restricted account subject to this Agreement) (the amount of the Cash deposited by Salmon Creek is hereinafter referred to as the Escrowed Funds). The Escrow Agent shall acknowledge receipt of the actual amount of the Escrowed Funds deposited by Salmon Creek when such Escrowed Funds have been received by the Escrow Agent. The Escrowed Funds shall be deposited initially into an escrow account in the custody of the Escrow Agent. Escrowed Funds received in immediately available funds and received no later than 1:00 p.m. New York time on the date of deposit shall be invested in the AIM Prime Portfolio Private Class Fund, until such time as the Escrow Agent has received written direction from ScoPac to liquidate such investment or has been otherwise directed in writing by Salmon Creek pursuant to Section 2. In the event that it shall be determined by PL that the Expenses are less than $15 million, PL shall cause Salmon Creek to make an additional deposit (the "Additional Deposit") under this Escrow Agreement in an amount equal to the amount by which $15 million exceeds the actual amount of the Expenses. In the event that all or a portion of that certain property known as the Grizzly Creek grove is sold while this Agreement remains in effect, then PL shall make an Additional Deposit hereunder equal to the net proceeds of such sale. Any Additional Deposit shall become part of the Escrowed Funds for all purposes of this Agreement. The Escrowed Funds shall remain the property of Salmon Creek (or PL, in the case of the Grizzly Creek deposit) unless and until disbursed pursuant to Section 3 hereof.
Deposit of Cash. Acquiror shall have delivered to (i) the Exchange Agent, the Exchange Fund and (ii) the Escrow Agent, the Escrow Consideration, in accordance with Section 2.03 of this Merger Agreement.
