Common use of Deposit of Escrow Fund Clause in Contracts

Deposit of Escrow Fund. The Escrow Agent shall establish an account in such of the following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “Potential Investors of Excelsior Buyout Investors, LLC” (hereinafter the “Subscription Account”). A separate account, if necessary, may be established titled “U.S. Trust Company” (hereinafter the “Adviser’s Account”) (individually, an “Account” and, collectively, the “Accounts”). The Accounts shall be established at Escrow Agent. Escrow Agent appoints Escrow Administrator to act as signatory to the Accounts and to perform all administrative and ministerial functions related to the Accounts. Assets of the 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.

Deposit of Escrow Fund. The Escrow Agent shall establish an account in such of the following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “"Potential Investors of Excelsior Buyout InvestorsVenture Investors III, LLC” " (hereinafter the “"Subscription Account”"). A separate account, if necessary, may be established titled “"U.S. Trust Company” " (hereinafter the “"Adviser’s 's Account”") (individually, an “"Account” " and, collectively, the “"Accounts”"). The Accounts shall be established at Escrow Agent. Escrow Agent appoints Escrow Administrator to act as signatory to the Accounts and to perform all administrative and ministerial functions related to the Accounts. Assets of the 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’ investors' brokerage accounts by such Potential Investorsinvestors. 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 's and Escrow Administrator’s 's record retention policies.

Deposit of Escrow Fund. The Escrow Agent shall establish an account in such of the following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “"Potential Investors of Excelsior Buyout Investors, LLC” " (hereinafter the “"Subscription Account”"). A separate account, if necessary, may be established titled “"U.S. Trust Company” " (hereinafter the “"Adviser’s 's Account”") (individually, an “"Account” " and, collectively, the “"Accounts”"). The Accounts shall be established at Escrow Agent. Escrow Agent appoints Escrow Administrator to act as signatory to the Accounts and to perform all administrative and ministerial functions related to the Accounts. Assets of the 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’ investors' brokerage accounts by such Potential Investorsinvestors. 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 's and Escrow Administrator’s 's record retention policies.

Deposit of Escrow Fund. The Escrow Agent shall establish an account [two/three] separate accounts in such the ---------------------- name of the following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “"Potential Investors of Excelsior Buyout InvestorsOppenheimer Tremont Opportunity Fund, LLC” " (hereixxxxxx xxx "Investment Account") [,/and] "OppenheimerFunds, Inc." (hereinafter the “Subscription "Adviser's Account”). A separate account, if necessary, may be established titled “U.S. Trust Company” (hereinafter the “Adviser’s Account”") [and "Oppenheimer Tremont Opportunity Fund Repurchase Axxxxxx") (individually, an “xereinafter the "Repurchase Account” and, collectively, ")] (collectively the “"Accounts”"). The Accounts shall be established at Escrow Agent. Escrow Agent appoints Escrow Administrator to act as signatory to the Accounts and to perform all administrative and ministerial functions related to the Accounts. Assets of the 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 (the "Bank) which shall be transmitted appointed by Selling Agents directly to the Escrow Administrator by noon Agent to hold the assets of such Accounts. The Bank is authorized to invest assets of the next business day after receiptAccounts 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 Administrator Agent shall promptly deposit Subscription the Investment Account checks remitted by persons subscribing to purchase purchasing interests in the Company Fund (“"Potential Investors”)") and made payable to Oppenheimer Tremont Opportunity Fund, LLC. Potential Investors Potentxxx Xxxxxxxrs may also deposit monies in the Subscription Investment Account (if established) by wire transfer pursuant to instructions provided to them by the CompanyFund. The Escrow Agent may accept bulk wires at shall promptly deposit in the direction of an Authorized Person that represent an aggregate amount of money previously deposited directly into Adviser's Account checks remitted by Oppenheimer Tremont Opportunity Fund, LLC as conxxxxxxxxxx to the Potential Investors’ brokerage accounts by such Potential InvestorsAdviser's capital account. 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 's record retention policies. 5.

Deposit of Escrow Fund. The Escrow Agent shall establish an account in such the name of ACP Advantage Continuum Return Fund, Escrow Account for the following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “Potential Investors Benefit of Excelsior Buyout Investors, LLC” 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 (hereinafter the “each a "Subscription Account”). A separate account" and together, if necessarythe "Subscription Accounts") and an account in the name of ACP Advantage Continuum Return Fund Repurchase Account, may be established titled “U.S. Trust Company” 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 (hereinafter each a "Repurchase Account" and together, the “Adviser’s Account”"Repurchase Accounts") (individually, an “Account” and, collectivelyand together with the Subscription Accounts, the “"Accounts”"). The Accounts shall be established at Escrow Agent. Escrow Agent appoints Escrow Administrator to act as signatory shall promptly deposit in a Subscription Account checks remitted by Potential Investors and made payable to the Accounts and Company. Potential Investors also may deposit monies in a Subscription Account by wire transfer pursuant to perform all administrative and ministerial functions related instructions provided to them by the AccountsCompany. Assets of the Accounts Balances on deposit in a Subscription Account 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.

Deposit of Escrow Fund. The Escrow Agent shall establish an account accounts in such of the following names as may be set forth in Written Instructions or agreed to between the parties hereto in a separate writing: “"Potential Investors of "Excelsior Buyout InvestorsVenture Partners III, LLC” L.L.C." (hereinafter the “"Subscription Account”"). A separate account, if necessary, may be established titled “," "U.S. Trust Company” " (hereinafter the “"Adviser’s 's Account”") (individually, an “"Account” " and, collectively, the “"Accounts”"). The Accounts shall be established at Escrow Agent. PNC Bank, Delaware (the "Bank) which shall be appointed by the Escrow Agent appoints Escrow Administrator to act as signatory to hold the Accounts and to perform all administrative and ministerial functions related to the assets of such Accounts. Assets of the 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 amendedCompany. Any checks should be made payable to PNC BankPFPC, Delaware Inc. as "Escrow Agent," and must be transmitted by Selling Agents directly to the Escrow Administrator Agent by noon of the next business day after receipt. The Escrow Administrator 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 Potential Investors’ investors' brokerage accounts by such Potential Investorsinvestors. 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 's record retention policies.