Deposits in Escrow. (a)The Company and Broker of Record shall deposit or cause to be deposited with the Escrow Agent all subscription proceeds received from investors who desire to purchase the securities (the “Subscribers”) to be held in escrow under the terms of this Agreement until it receives notice of a Contingency (as defined below) from the Company or the Broker of Record (each, an “Authorized Representative,” and together, the “Authorized Representatives”) as described in Section 3. Proceeds the Escrow Agent receives from the Subscribers are “Subscription Proceeds.” The Escrow Agent shall have no responsibility for Subscription Proceeds until such proceeds are actually received, clear through normal banking channels and constitute collected funds. The Escrow Agent shall have no duty to collect or seek to compel payment of any Subscription Proceeds, except to place such proceeds or instruments representing such proceeds for deposit and payment through customary banking channels and through the payment services provider of the Company. “
Deposits in Escrow. On or before the day preceding the Closing Date:
Deposits in Escrow. (a) The Company shall deposit or cause to be deposited with the Escrow Agent, to be held in escrow under the terms of this Agreement, all proceeds received from the sale of the Shares to the Subscribers (the “Subscription Proceeds”). The Escrow Agent shall have no responsibility for Subscription Proceeds until such proceeds are actually received, clear through normal banking channels and constitute collected funds. The Escrow Agent shall have no duty to collect or seek to compel payment of any Subscription Proceeds, except to place such proceeds or instruments representing such proceeds for deposit and payment through customary banking channels. Checks for Subscription Proceeds furnished by Subscribers shall be made payable to: SunTrust Bank, as Escrow Agent for Stem Sales, Inc.
Deposits in Escrow. (a) The Company and Placement Agent shall deposit or cause to be deposited with the Escrow Agent all subscription proceeds received from investors who desire to purchase the securities (the “Subscribers”) to be held in escrow under the terms of this Agreement. Proceeds the Escrow Agent receives from the Subscribers are “Subscription Proceeds.” The Escrow Agent shall have no responsibility for Subscription Proceeds until such proceeds are actually received, clear through normal banking channels and constitute collected funds. The Escrow Agent shall have no duty to collect or seek to compel payment of any Subscription Proceeds, except to place such proceeds or instruments representing such proceeds for deposit and payment through customary banking channels.
Deposits in Escrow. (a) The Company shall execute and deliver to Litle & Co., its credit card service Processor (“Processor”) written authorization and instruction in such form as may be required by Processor to cause all of the Company’s Receipts to be transferred and deposited into the Escrow Account until such time as the Notes have been paid in full. The authorization and instruction from the Company to the Processor shall be irrevocable for so long as any of the Notes are outstanding and unpaid. The Escrow Agent shall deposit and hold all Receipts in the Escrow Account at all times until such funds are disbursed therefrom in accordance with the terms hereof. The Company shall have the right to engage new Processors during the term hereof; provided that such successor Processor is subject to the same authorization and instruction.
Deposits in Escrow. (a) The Company and Placement Agent shall deposit or cause to be deposited with the Escrow Agent all subscription proceeds received from investors who desire to purchase the securities (the “Subscribers”) to be held in escrow under the terms of this Agreement until it receives notice of the Contingency from Placement Agent as described in Section 3. Proceeds the Escrow Agent receives from the Subscribers are “Subscription Proceeds.” The Escrow Agent shall have no responsibility for Subscription Proceeds until such proceeds are actually received, clear through normal banking channels and constitute collected funds. The Escrow Agent shall have no duty to collect or seek to compel payment of any Subscription Proceeds, except to place such proceeds or instruments representing such proceeds for deposit and payment through customary banking channels.
Deposits in Escrow. The Company will deposit the Proceeds with the Bank to be held in escrow on the terms and conditions set forth below (the "Escrow"). Within sixty (60) days after the deposit of any Proceeds, the Company will inform the Bank in writing of the name, address, and amount of Proceeds received on behalf of each respective Warrantholder.
Deposits in Escrow. (a) Within thirty (30) days after the Effective Date of this Software Escrow Agreement, Cimetrix will deposit with Escrow Agent all machine processable and printed materials, data and information constituting the Source Listings and any documentation for the Licensed Software as installed pursuant to the OEM Agreement (all of the foregoing hereinafter referred to as the "Material") which shall include, but not be limited to, all existing user manuals, control procedures, record layouts for all files and program listings-source codes. Cimetrix shall send written confirmation to Fuji Machine that said deposit has been made. Cimetrix hereby represents and warrants that it is the sole owner of all right, title, and interest in the Material.
Deposits in Escrow. As promptly as practicable after the date hereof (but in no event later than 5:00 p.m. New York City time on June 17, 2003), (a) each of the Verizon Selling Shareholders shall transfer to the securities account (the "Custodial Account") opened by the Escrow Agent with GBM Grupo Bursatil Mexicano, S.A. de C.V. Casa de Bolsa, a broker dealer organized under the laws of the United Mexican States (the "Custodian"), all of the Verizon Shares (other than ADSs) owned by each of them and (b) Vodafone shall transfer to the Custodial Account all of the Vodafone Shares owned by it, in each case for the benefit of the Escrow Agent. Subject to the last sentence of this Section 2.1, all Verizon Shares and Vodafone Shares so delivered to the Custodial Account (the "Escrow Shares") shall remain subject to this Agreement until the earliest to occur of (i) the tender of such Verizon Shares and Vodafone Shares to Sub pursuant to the Mexican Offer and (ii) the receipt by the Escrow Agent of a joint written notice from the Purchasers, the Verizon Selling Shareholders and Vodafone stating that the Acquisition Agreement has been terminated on a date prior to the date on which Sub has accepted for payment the Verizon Shares and the Vodafone Shares under the Offers (such earlier date, the "Share Escrow Termination Date"). If the Share Escrow Termination Date occurs by operation of clause (ii) of the definition of the Share Escrow Termination Date, the Escrow Agent shall promptly return to each of the Verizon Selling Shareholders the Verizon Shares (other than ADSs) owned by each of them and to Vodafone the Vodafone Shares. If the Share Escrow Termination Date occurs by operation of clause (i) of the definition of the Share Escrow Termination Date, and the Acquisition Agreement and the Mexican Offer are terminated after such date, the Escrow Agent and Sub shall take all action necessary to return and shall, as promptly as practicable, but in no event later than two (2) Business Days after the date of termination of the Acquisition Agreement and the Mexican Offer, return to each of the Verizon Selling Shareholders the Verizon Shares (other than ADSs) owned by each of them and to Vodafone the Vodafone Shares.
Deposits in Escrow. 35 7.3.1 Seller's Deposits .................................. 36 7.3.2 Buyer's Deposits ................................... 36 7.3.3
