Deposit of Escrow Fund. The Escrow Agent shall establish an account in the name of ACP Advantage Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors (each a "Subscription Account" and together, the "Subscription Accounts") and an account in the name of ACP Advantage Continuum Return Fund Repurchase Account, an Account in the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") (and together with the Subscription Accounts, the "Accounts"). The Escrow Agent shall promptly deposit in a Subscription Account checks remitted by Potential Investors and made payable to the Company. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to instructions provided to them by the Company. Balances on deposit in a Subscription Account will earn interest at prevailing market rates pursuant to arrangements approved by the Company.
Appears in 1 contract
Samples: Escrow Agreement (Acp Funds Trust)
Deposit of Escrow Fund. The Escrow Agent shall establish an account [two/three] separate accounts in the ---------------------- name of ACP Advantage Continuum Return "Potential Investors of Oppenheimer Tremont Market Neutral Fund, Escrow Account for the Benefit of InvestorsLLC" (hexxxxxxxxx xhe "Investment Account") [,/and] "OppenheimerFunds, an account in the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors Inc." (each a "Subscription Account" and together, hereinafter the "Subscription AccountsAdviser's Account") [and an account in "Oppenheimer Tremont Market Neutral Repurchase Accxxxx") (xxxeinafter the name of ACP Advantage Continuum Return Fund Repurchase Account, an Account in the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") )] (and together with the Subscription Accounts, collectively the "Accounts"). The Accounts shall be established at PNC Bank, Delaware (the "Bank) which shall be appointed by the Escrow Agent to hold the assets of such Accounts. The Bank is authorized to invest assets of the Accounts in high quality, short-term investments. The investments in which the Bank may invest the Accounts may include shares of registered money market funds, including funds which are advised by the Bank or one of its affiliates, or for which the Bank or an affiliate of the Bank provides other services (such as TempFund or a similar investment vehicle). The Escrow Agent shall promptly deposit in a Subscription the Investment Account checks remitted by persons purchasing interests in the Fund ("Potential Investors Investors") and made payable to the CompanyOppenheimer Tremont Market Neutral Fund, LLC. Potential Investors Poxxxxxxx Xxxestors may also may deposit monies in a Subscription the Investment Account by wire transfer pursuant to instructions provided to them by the CompanyFund. Balances on The Escrow Agent shall promptly deposit in a Subscription the Adviser's Account checks remitted by Oppenheimer Tremont Market Neutral Fund, LLC as xxxxxxxxxxxns to the Adviser's capital account. The Escrow Agent will earn interest at prevailing market rates pursuant maintain records related to arrangements approved by each of the CompanyAccounts in accordance with applicable regulatory requirements and the Escrow Agent's record retention policies. 5.
Appears in 1 contract
Samples: Escrow Agreement (Oppenheimer Tremont Market Neutral Fund LLC)
Deposit of Escrow Fund. The Escrow Agent shall establish an account accounts in such of the name following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: "Potential Investors of ACP Advantage Continuum Return Fund"Excelsior Venture Partners III, Escrow Account for L.L.C." (hereinafter the Benefit of Investors, an account in the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors (each a "Subscription Account")," and together, "U.S. Trust Company" (hereinafter the "Subscription Accounts") and an account in the name of ACP Advantage Continuum Return Fund Repurchase Adviser's Account, an Account in the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") (and together with the Subscription Accountsindividually, an "Account" and, collectively, the "Accounts"). The Accounts shall be established at PNC Bank, Delaware (the "Bank) which shall be appointed by the Escrow Agent shall promptly deposit in a Subscription Account checks remitted by Potential Investors and made payable to hold the Companyassets of such Accounts. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to instructions provided to them by Assets of the Company. Balances on deposit in a Subscription Account Accounts will earn interest at prevailing market rates pursuant to arrangements approved by the Company. Any checks should be made payable to PFPC, Inc. as "Escrow Agent," and must be transmitted by Selling Agents directly to the Escrow Agent by noon of the next business day after receipt. The Escrow Agent shall promptly deposit Subscription Account checks remitted by persons subscribing to purchase interests in the Company ("Potential Investors"). Potential Investors may also deposit monies in the Subscription Account (if established) by wire transfer instructions provided to them by the Company. The Escrow Agent may accept bulk wires at the direction of an Authorized Person that represent an aggregate amount of money previously deposited directly into the investors' brokerage accounts by such investors. The Escrow Agent will maintain records related to each of the Accounts in accordance with applicable regulatory requirements and the Escrow Agent's record retention policies.
Appears in 1 contract
Samples: Escrow Agreement (Excelsior Venture Partners Iii LLC)
Deposit of Escrow Fund. The Escrow Agent shall establish an account in such of the name following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: "Potential Investors of ACP Advantage Continuum Return FundExcelsior Venture Investors III, Escrow Account for LLC" (hereinafter the Benefit of Investors, an account in the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors (each a "Subscription Account"). A separate account, if necessary, may be established titled "U.S. Trust Company" and together, (hereinafter the "Subscription Accounts") and an account in the name of ACP Advantage Continuum Return Fund Repurchase Adviser's Account, an Account in the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") (and together with the Subscription Accountsindividually, an "Account" and, collectively, the "Accounts"). The Accounts shall be established at Escrow Agent. Escrow Agent shall promptly deposit in a Subscription Account checks remitted by Potential Investors and made payable appoints Escrow Administrator to act as signatory to the CompanyAccounts and to perform all administrative and ministerial functions related to the Accounts. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to instructions provided to them by Assets of the Company. Balances on deposit in a Subscription Account Accounts will earn interest at prevailing market rates pursuant to arrangements approved by the Company and Escrow Agent. The Company shall only approve investments permissible under Rule 15c2-4 of the Securities Exchange Act of 1934, as amended. Any checks should be made payable to PNC Bank, Delaware and must be transmitted by Selling Agents directly to the Escrow Administrator by noon of the next business day after receipt. The Escrow Administrator shall promptly deposit Subscription Account checks remitted by persons subscribing to purchase interests in the Company ("Potential Investors"). Potential Investors may also deposit monies in the Subscription Account (if established) by wire transfer instructions provided to them by the Company. The Escrow Agent may accept bulk wires at the direction of an Authorized Person that represent an aggregate amount of money previously deposited directly into the investors' brokerage accounts by such investors. The Escrow Agent and the Escrow Administrator will maintain records related to each of the Accounts in accordance with applicable regulatory requirements and the Escrow Agent's and Escrow Administrator's record retention policies.
Appears in 1 contract
Samples: Escrow Agreement (Excelsior Venture Partners Fund Iii LLC)
Deposit of Escrow Fund. The Escrow Agent shall establish an account in such of the name following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: "Potential Investors of ACP Advantage Continuum Return Fund, Escrow Account for the Benefit of Excelsior Buyout Investors, an account in LLC" (hereinafter the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors (each a "Subscription Account"). A separate account, if necessary, may be established titled "U.S. Trust Company" and together, (hereinafter the "Subscription Accounts") and an account in the name of ACP Advantage Continuum Return Fund Repurchase Adviser's Account, an Account in the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") (and together with the Subscription Accountsindividually, an "Account" and, collectively, the "Accounts"). The Accounts shall be established at Escrow Agent. Escrow Agent shall promptly deposit in a Subscription Account checks remitted by Potential Investors and made payable appoints Escrow Administrator to act as signatory to the CompanyAccounts and to perform all administrative and ministerial functions related to the Accounts. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to instructions provided to them by Assets of the Company. Balances on deposit in a Subscription Account Accounts will earn interest at prevailing market rates pursuant to arrangements approved by the Company and Escrow Agent. The Company shall only approve investments permissible under Rule 15c2-4 of the Securities Exchange Act of 1934, as amended. Any checks should be made payable to PNC Bank, Delaware and must be transmitted by Selling Agents directly to the Escrow Administrator by noon of the next business day after receipt. The Escrow Administrator shall promptly deposit Subscription Account checks remitted by persons subscribing to purchase interests in the Company ("Potential Investors"). Potential Investors may also deposit monies in the Subscription Account (if established) by wire transfer instructions provided to them by the Company. The Escrow Agent may accept bulk wires at the direction of an Authorized Person that represent an aggregate amount of money previously deposited directly into the Potential investors' brokerage accounts by such Potential investors. The Escrow Agent and the Escrow Administrator will maintain records related to each of the Accounts in accordance with applicable regulatory requirements and the Escrow Agent's and Escrow Administrator's record retention policies.
Appears in 1 contract
Samples: Escrow Agreement (Excelsior Corporate Finance Investors LLC)
Deposit of Escrow Fund. The Escrow Agent shall establish an account [two/three] separate accounts in the ---------------------- name of ACP Advantage Continuum Return "Potential Investors of Oppenheimer Tremont Opportunity Fund, Escrow Account for the Benefit of InvestorsLLC" (hereixxxxxx xxx "Investment Account") [,/and] "OppenheimerFunds, an account in the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors Inc." (each a "Subscription Account" and together, hereinafter the "Subscription AccountsAdviser's Account") [and an account in the name of ACP Advantage Continuum Return "Oppenheimer Tremont Opportunity Fund Repurchase Account, an Account in Axxxxxx") (xereinafter the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") )] (and together with the Subscription Accounts, collectively the "Accounts"). The Accounts shall be established at PNC Bank, Delaware (the "Bank) which shall be appointed by the Escrow Agent to hold the assets of such Accounts. The Bank is authorized to invest assets of the Accounts in high quality, short-term investments. The investments in which the Bank may invest the Accounts may include shares of registered money market funds, including funds which are advised by the Bank or one of its affiliates, or for which the Bank or an affiliate of the Bank provides other services (such as TempFund or a similar investment vehicle). The Escrow Agent shall promptly deposit in a Subscription the Investment Account checks remitted by persons purchasing interests in the Fund ("Potential Investors Investors") and made payable to the CompanyOppenheimer Tremont Opportunity Fund, LLC. Potential Investors Potentxxx Xxxxxxxrs may also may deposit monies in a Subscription the Investment Account by wire transfer pursuant to instructions provided to them by the CompanyFund. Balances on The Escrow Agent shall promptly deposit in a Subscription the Adviser's Account checks remitted by Oppenheimer Tremont Opportunity Fund, LLC as conxxxxxxxxxx to the Adviser's capital account. The Escrow Agent will earn interest at prevailing market rates pursuant maintain records related to arrangements approved by each of the CompanyAccounts in accordance with applicable regulatory requirements and the Escrow Agent's record retention policies. 5.
Appears in 1 contract
Samples: Escrow Agreement (Oppenheimer Tremont Opportunity Fund LLC)
Deposit of Escrow Fund. The Escrow Agent shall establish an account Principal Shareholder hereby represents that as of the date of the Plan of Reorganization and on the Effective Date, the Principal Shareholder is and will be the sole owner, free and clear of any lien, encumbrance, charge or security interest whatsoever, of the number of shares of SEI Common Stock identified in Section 3.02 of the SEI Schedule as being held in the name of ACP Advantage Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in Principal Shareholder. On or prior to the name of ACP Adviser Series Continuum Return Fund, Escrow Account for the Benefit of Investors, an account in the name of ACP Advantage Strategic Opportunities Fund, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors (each a "Subscription Account" and togetherEffective Date, the Principal Shareholder agrees to tender all such shares of SEI Common Stock for conversion into shares of NavTech Common Stock, in accordance with the terms of the Plan of Reorganization. The Principal Shareholder shall also deliver to NavTech in accordance with Section 10.02 of the Plan of Reorganization, in a form reasonably acceptable to NavTech, instructions directing NavTech to deposit with the Escrow Agent on the Effective Date one or more certificates representing (i) an aggregate of Ten Million (10,000,000) shares of NavTech Common Stock (the "Subscription AccountsTax Escrow Shares") and (ii) an account in the name aggregate of ACP Advantage Continuum Return Fund Repurchase Account, an Account in the name Two Million (2,000,000) shares of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account NavTech Common Stock (each a "Repurchase Account" and together, the "Repurchase Accounts") (Non-Tax Escrow Shares" and together with the Subscription AccountsTax Escrow Shares, the "AccountsEscrow Shares"). The Principal Shareholder shall also deliver to the Escrow Agent shall promptly deposit one or more stock powers endorsed in a Subscription Account checks remitted by Potential Investors and made payable blank (medallion signature guaranteed) with respect to the CompanyEscrow Shares to allow the Escrow Agent to carry out the purposes of this Agreement. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to instructions provided to them So long as the Escrow Shares are held by the Company. Balances on deposit in a Subscription Account Escrow Agent hereunder, the Principal Shareholder agrees that he will earn not make, nor agree to make, any transfer or disposition of any of the Escrow Shares, or any interest at prevailing market rates pursuant therein of any nature whatsoever, other than by will or the laws of descent and distribution (provided that any such Escrow Shares shall remain subject to arrangements approved by the Companythis Agreement).
Appears in 1 contract
Deposit of Escrow Fund. The Escrow Agent shall establish an account in such of the name following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “Potential Investors of ACP Advantage Continuum Return Fund, Escrow Account for the Benefit of Excelsior Buyout Investors, an account in LLC” (hereinafter the name of ACP Adviser Series Continuum Return Fund“Subscription Account”). A separate account, Escrow Account for if necessary, may be established titled “U.S. Trust Company” (hereinafter the Benefit of Investors“Adviser’s Account”) (individually, an account in the name of ACP Advantage Strategic Opportunities Fund“Account” and, Escrow Account for the Benefit of Investors and an account in the name of ACP Adviser Series Strategic Opportunities Fund, Escrow Account for the Benefit of Investors (each a "Subscription Account" and togethercollectively, the "Subscription “Accounts") and an account in the name of ACP Advantage Continuum Return Fund Repurchase Account, an Account in the name of ACP Adviser Series Continuum Return Fund Repurchase Account, an account in the name of ACP Advantage Strategic Opportunities Fund Repurchase Account and an Account in the name of ACP Adviser Series Strategic Opportunities Fund Repurchase Account (each a "Repurchase Account" and together, the "Repurchase Accounts") (and together with the Subscription Accounts, the "Accounts"”). The Accounts shall be established at Escrow Agent. Escrow Agent shall promptly deposit in a Subscription Account checks remitted by Potential Investors and made payable appoints Escrow Administrator to act as signatory to the CompanyAccounts and to perform all administrative and ministerial functions related to the Accounts. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to instructions provided to them by Assets of the Company. Balances on deposit in a Subscription Account Accounts will earn interest at prevailing market rates pursuant to arrangements approved by the Company and Escrow Agent. The Company shall only approve investments permissible under Rule 15c2-4 of the Securities Exchange Act of 1934, as amended. Any checks should be made payable to PNC Bank, Delaware and must be transmitted by Selling Agents directly to the Escrow Administrator by noon of the next business day after receipt. The Escrow Administrator shall promptly deposit Subscription Account checks remitted by persons subscribing to purchase interests in the Company (“Potential Investors”). Potential Investors may also deposit monies in the Subscription Account (if established) by wire transfer instructions provided to them by the Company. The Escrow Agent may accept bulk wires at the direction of an Authorized Person that represent an aggregate amount of money previously deposited directly into the Potential Investors’ brokerage accounts by such Potential Investors. The Escrow Agent and the Escrow Administrator will maintain records related to each of the Accounts in accordance with applicable regulatory requirements and the Escrow Agent’s and Escrow Administrator’s record retention policies.
Appears in 1 contract