Common use of Deposits in Escrow Clause in Contracts

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. (b) Upon request, the Company and/or Placement Agent shall deliver to the Escrow Agent, in a form acceptable to the Escrow Agent, schedules disclosing the name and address of each of the Subscribers, the number of Securities subscribed for by each Subscriber, the federal tax identification number of each of the Subscribers, the amount of Subscription Proceeds received from each Subscriber, and such other information as required. The Escrow Agent shall deposit each Subscriber’s Subscription Proceeds into a non-interest-bearing account. (c) The Escrow Agent shall have no duty or responsibility to enforce the collection or demand payment of any funds from the Company, the Placement Agent, or any investor.

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 AgreementAgreement 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. (b) Upon request, the Company and/or Placement Agent shall deliver to the Escrow Agent, in a form acceptable to the Escrow Agent, schedules disclosing the name and address of each of the Subscribers, the number of Securities subscribed for by each Subscriber, the federal tax identification number of each of the Subscribers, the amount of Subscription Proceeds received from each Subscriber, and such other information as required. The Escrow Agent shall deposit each Subscriber’s Subscription Proceeds into a non-interest-bearing account. (c) The Escrow Agent shall have no duty or responsibility to enforce the collection or demand payment of any funds from the Company, the Placement Agent, or any investor.

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 AgreementAgreement 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.. “Contingency” means (b) Upon request, the Company and/or Placement Agent shall deliver to the Escrow Agent, in a form acceptable to the Escrow Agent, schedules disclosing the name and address of each of the Subscribers, the number of Securities subscribed for by each Subscriber, the federal tax identification number of each of the Subscribers, the amount of Subscription Proceeds received from each Subscriber, and such other information as required. The Escrow Agent shall deposit each Subscriber’s Subscription Proceeds into a non-interest-bearing account. (c) The Escrow Agent shall have no duty or responsibility to enforce the collection or demand payment of any funds from the Company, the Placement Agent, or any investor.