Common use of Deposits into Escrow Clause in Contracts

Deposits into Escrow. a. All Investments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investor.

Appears in 21 contracts

Samples: Escrow Agreement (Oncolyze, Inc.), Escrow Agreement (Gin & Luck Inc.), Escrow Agreement (NowRx, Inc.)

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Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Placement Agent and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Placement Agent of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Placement Agent, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / _______________________________-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 8 contracts

Samples: Escrow Agreement (Seattle Emerald Haze, Inc.), Escrow Agreement (CRL Team 12, Inc.), Escrow Agreement (Sin City Bad Babies, Inc.)

Deposits into Escrow. a. All Investments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investor.

Appears in 4 contracts

Samples: Escrow Agreement (NowRx, Inc.), Escrow Agreement (Denim LA, Inc.), Escrow Agreement (Kindara, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / _______________________________-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 3 contracts

Samples: Escrow Agreement (RoyaltyTraders LLC), Escrow Agreement (Pf Royalty I LLC), Escrow Agreement (School of Whales Commercial Real Estate Equity Fund, LLC)

Deposits into Escrow. a. All Investments shall be delivered directly to The account records of the Escrow Agent shall provide that the funds in the escrow account are held for the benefit of the Subscriber(s) named and identified in accordance the records of the Escrow Agent, maintained in good faith and in the regular course of business, and they shall show the name and interest of each party to the account. b. Upon receipt by Selling Security Holders of any Cash Investment Instrument for the purchase of Shares, Selling Security Holders shall forward to Escrow Agent, by 12:00 noon of the next business day, the Cash Investment Instrument for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. following escrow account: First Union National Bank Charlotte, North Carolina ABA # 053000219 D/ 5000000000000 FFC: (*TBD) Attn: CT BR#4850 Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. hereof ALL FUNDS SO DEPOSITED AND INTEREST OR DIVIDENDS THEREON, IF ANY, SHALL BE HELD FOR THE SOLE BENEFIT OF AND SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER VILLAGE XII ACQUISITION CORP. UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER VILLAGE XII ACQUISITION CORP. IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto c. Selling Security Holders understand and agree that all Investments checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Principal and Selling Security Holders of such dishonor and to promptly return such Cash Investment Instrument to Selling Security Holders to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Village XII Acquisition Co., Inc. shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Selling Security Holders of such fact and to promptly return such Cash Investment Instrument to the applicable investorSubscriber. d. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "First Union National Bank/Village XII Acquisition Co., Inc. - Escrow Account, " and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Village Xii Acquisition Corp), Escrow Agreement (Village Xii Acquisition Corp)

Deposits into Escrow. a. All Investments Upon receipt by Charleston of any Cash ---------------------- Investment Instrument for the purchase of Units, Charleston shall be delivered directly forward to Escrow Agent, by 12:00 noon on the Escrow Agent next business day, the Cash Investment Instrument for deposit into the escrow account of the Escrow Account Agent described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. ---------- Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ---------- ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) ------------ HEREOF. b. The parties hereto Charleston and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash --------- Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Charleston of such dishonor and to promptly return such Cash Investment Instrument to Charleston. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Issuer and Charleston of such fact and to promptly return such Cash Investment Instrument to Charleston. c. All Cash Investment Instruments shall be made payable to the applicable investor.order of, or endorsed to the order of, "Wachovia Bank, National Association/[__ISSUER NAME__] - Escrow -----------

Appears in 2 contracts

Samples: Escrow Agreement (Nanopierce Technologies Inc), Escrow Agreement (Nanopierce Technologies Inc)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A and Exhibit B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section withSection 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF). b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / HCo Cape May LLC-Escrow Account”, and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (HCo Cape May LLC), Escrow Agreement (HCo Cape May LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Placement Agent and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Placement Agent of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Placement Agent, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / -Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Collectable Sports Assets, LLC), Escrow Agreement (Jamestown Invest 1, LLC)

Deposits into Escrow. a. All Investments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's ’s sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investor.

Appears in 2 contracts

Samples: Escrow Agreement (Innovega Inc.), Escrow Agreement (Gatsby Digital, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Placement Agent and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Placement Agent of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Placement Agent, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / _______________________________-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Mythic Collection, LLC), Escrow Agreement (Concreit Fund I LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND AND, EXCEPT AS PROVIDED IN SECTION 10(C) HEREIN, SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT Escrow Agent OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Xxxxxx Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “Escrow Agent / Flower Turbines_-Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Flower Turbines, Inc.), Escrow Agreement (Flower Turbines, Inc.)

Deposits into Escrow. a. All Investments shall be delivered directly to The account records of the Escrow Agent shall provide that the funds in the escrow account are held for the benefit of the Subscriber(s) named and identified in accordance the records of the Escrow Agent, maintained in good faith and in the regular course of business, and they shall show the name and interest of each party to the account. b. Upon receipt by Selling Security Holders of any Cash Investment Instrument for the purchase of Shares, Selling Security Holders shall forward to Escrow Agent, by 12:00 noon of the next business day, the Cash Investment Instrument for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. following escrow account: First Union National Bank Charlotte, North Carolina ABA # 053000219 D/ 5000000000000 FFC: (*TBD) Attn: CT BR#4850 Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. hereof ALL FUNDS SO DEPOSITED AND INTEREST OR DIVIDENDS THEREON, IF ANY, SHALL BE HELD FOR THE SOLE BENEFIT OF AND SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER VILLAGE XI ACQUISITION CORP. UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER VILLAGE XI ACQUISITION CORP. IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto c. Selling Security Holders understand and agree that all Investments checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Principal and Selling Security Holders of such dishonor and to promptly return such Cash Investment Instrument to Selling Security Holders to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Village XI Acquisition Co., Inc. shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Selling Security Holders of such fact and to promptly return such Cash Investment Instrument to the applicable investorSubscriber. d. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "First Union National Bank/Village XI Acquisition Co., Inc. - Escrow Account, " and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Village Xi Acquisition Corp), Escrow Agreement (Village Xi Acquisition Corp)

Deposits into Escrow. a. All Investments shall be delivered directly to The account records of the Escrow Agent shall provide that the funds in the escrow account are held for the benefit of the Subscriber(s) named and identified in accordance the records of the Escrow Agent, maintained in good faith and in the regular course of business, and they shall show the name and interest of each party to the account. b. Upon receipt by Selling Security Holders of any Cash Investment Instrument for the purchase of Shares, Selling Security Holders shall forward to Escrow Agent, by 12:00 noon of the next business day, the Cash Investment Instrument for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. following escrow account: First Union National Bank Charlotte, North Carolina ABA # 053000219 D/ 5000000000000 FFC: (*TBD) Attn: CT BR#4850 Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. hereof ALL FUNDS SO DEPOSITED AND INTEREST OR DIVIDENDS THEREON, IF ANY, SHALL BE HELD FOR THE SOLE BENEFIT OF AND SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER VILLAGE VI ACQUISITION CORP. UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER VILLAGE VI ACQUISITION CORP. IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto c. Selling Security Holders understand and agree that all Investments checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Principal and Selling Security Holders of such dishonor and to promptly return such Cash Investment Instrument to Selling Security Holders to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Village VI Acquisition Co., Inc. shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Selling Security Holders of such fact and to promptly return such Cash Investment Instrument to the applicable investorSubscriber. d. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "First Union National Bank/Village VI Acquisition Co., Inc. - Escrow Account, " and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Village Vi Acquisition Corp), Escrow Agreement (Village Vi Acquisition Corp)

Deposits into Escrow. a. All Investments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Xxxxxx Agent shall process each Investment for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investor.

Appears in 2 contracts

Samples: Escrow Agreement (Nixplay Inc), Escrow Agreement (Miso Robotics, Inc.)

Deposits into Escrow. a. All Investments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-44 under the Securities Exchange Act of 1934, as amended. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's ’s sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investor.

Appears in 2 contracts

Samples: Escrow Agreement, Escrow Agreement (20/20 GeneSystems, Inc.)

Deposits into Escrow. a. All Investments Upon receipt by Placement Agent of any Cash Investment Instrument for the purchase of Securities, Placement Agent shall be delivered directly forward to Escrow Agent, by 12:00 noon on the Escrow Agent next business day, the Cash Investment Instrument for deposit into the escrow account of the Escrow Account Agent described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s nameappropriate subscription information, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) , and instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Placement Agent and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Placement Agent of such dishonor and to promptly return such Cash Investment Instrument to Placement Agent. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent to Issuer, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's ’s sole obligation shall be to notify the parties hereto Issuer and Placement Agent of such fact and to promptly return such Cash Investment Instrument to Placement Agent. c. All Cash Investment Instruments shall be made payable to the applicable investororder of, or endorsed to the order of, “U.S. Bank National Association. - Escrow Account – Blue Sphere Corporation,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Blue Sphere Corp.), Escrow Agreement (Blue Sphere Corp.)

Deposits into Escrow. a. All Investments Upon receipt by Issuer or Broker of any Cash Investment Instrument for the purchase of Shares, Issuer and/or Broker shall be delivered directly forward to Escrow Agent, by 12:00 noon on the Escrow Agent next business day, the Cash Investment Instrument for deposit into the escrow account of the Escrow Account Agent described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes;an executed W-8 or W-9; and (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS IN THEIR CASH INVESTMENT AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a6(a) HEREOF. b. The parties hereto Issuer and Broker understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 6 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Issuer and Broker of such dishonor and to promptly return such Cash Investment Instrument to Issuer or to Broker, whichever the applicable investorcase may be. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Issuer and Broker of such fact and to promptly return such Cash Investment Instrument to Issuer or to Broker, whichever the case may be. c. All Cash Investment Instruments that are checks or money orders shall be made payable to the applicable investor.order of, or endorsed to the order of “Regions Bank, as Escrow Agent for CapRocq Core REIT, Inc. Escrow Account”, and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner. Cash Investment Instruments that are ACH or wire transfers shall be submitted to: Regions Bank ABA# ########### AC Name: Wealth Management Operations AC# FFC Name: FFC# ATTN: Xxxxx Xxxxx

Appears in 2 contracts

Samples: Subscription Escrow Agreement (CapRocq Core REIT, Inc.), Subscription Escrow Agreement (CapRocq Core REIT, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 004, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 2 contracts

Samples: Escrow Agreement (Otis Collection LLC), Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Upon receipt by Underwriter of any Cash Investment Instrument for the purchase of Shares, Underwriter shall be delivered directly forward to Escrow Agent, by 12:00 noon on the Escrow Agent next business day, the Cash Investment Instrument for deposit into the escrow account of the Escrow Account Agent described on Exhibit A attached hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Underwriter and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Underwriter of such dishonor and to promptly return such Cash Investment Instrument to Underwriter. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Issuer and Underwriter of such fact and to promptly return such Cash Investment Instrument to Underwriter. c. All Cash Investment Instruments shall be made payable to the applicable investororder of, or endorsed to the order of, "Wachovia Bank, National Association/Capital Benefits, LLC - Escrow Account," and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Amerifirst Fund I LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 026, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND AND, EXCEPT AS PROVIDED IN SECTION 10(C) HEREIN, SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT Escrow Agent OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Exxxxx Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “Escrow Agent / [ StartEngine Crowdfunding, Inc. ]-Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Startengine Crowdfunding, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 093, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 064, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s NCPS's sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "NCPS / OneDoor Studios Entertainment Properties – Escrow Account," and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (OneDoor Studios Entertainment Properties LLC)

Deposits into Escrow. a. All Investments shall be delivered directly to The account records of the Escrow Agent shall provide that the funds in the escrow account are held for the benefit of the Subscriber(s) named and identified in accordance the records of the Escrow Agent, maintained in good faith and in the regular course of business, and they shall show the name and interest of each party to the account. b. Upon receipt by Selling Security Holders of any Cash Investment Instrument for the purchase of Shares, Selling Security Holders shall forward to Escrow Agent, by 12:00 noon of the next business day, the Cash Investment Instrument for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. following escrow account: First Union National Bank Charlotte, North Carolina ABA # 053000219 D/ 5000000000000 FFC: (*TBD) Attn: CT BR#4850 Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. hereof ALL FUNDS SO DEPOSITED AND INTEREST OR DIVIDENDS THEREON, IF ANY, SHALL BE HELD FOR THE SOLE BENEFIT OF AND SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER VILLAGE XIII ACQUISITION CORP. UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER VILLAGE XIII ACQUISITION CORP. IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto c. Selling Security Holders understand and agree that all Investments checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Principal and Selling Security Holders of such dishonor and to promptly return such Cash Investment Instrument to Selling Security Holders to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Village XIII Acquisition Co., Inc. shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Selling Security Holders of such fact and to promptly return such Cash Investment Instrument to the applicable investorSubscriber. d. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "First Union National Bank/Village XIII Acquisition Co., Inc. - Escrow Account, " and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Village Xiii Acquisition Corp)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Arrived Homes Series Liery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Arrived Homes, LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto [Placement Agent/Funding Portal/Platform] and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto [Placement Agent/Funding Portal/Platform] of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to [Placement Agent/Funding Portal/Platform] should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and [Placement Agent/Funding Portal/Platform], depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to [Placement Agent/Funding Portal/Platform] should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / _______________________________-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Secured Real Estate Income Fund II, LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 101, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 114, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 007, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 061, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Placement Agent, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / serries we The People, a series of Commonwealth Thoroughbreds LLC - Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Commonwealth Thoroughbreds LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 035, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 078, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / _______________________________-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner. d. Escrow Funds will be invested only in investments permissible under Securities Exchange Act of 1934 Rule 15c2-4.

Appears in 1 contract

Samples: Escrow Agreement (RoyaltyTraders LLC)

Deposits into Escrow. a. All Investments shall be delivered directly to Until the receipt by the Escrow Agent of the Minimum Offering Notice, upon receipt by Escrow Agent of any Cash Investment Instrument for the purchase of Debentures, Escrow Agent shall deposit the Cash Investment Instrument into the following escrow account: U.S. Bank ABA 091000000 A/C U.S. Bank Trust N.A. A/C 180121167365 FFC Wire Clearing/47300417 REF PODS Inc. Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documentsdocuments to be provided by the Company: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER COMPANY UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER COMPANY IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand Company understands and agree agrees that all Investments wires, transfers, checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon upon, disbursed or disbursed accrue earnings until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Company of such dishonor and to promptly return forward such Cash Investment Instrument to Company to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Company shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Company of such fact and to promptly return such Cash Investment Instrument to the applicable investorSubscriber. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "U.S. Bank Trust National Association, Escrow Account," and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Pods Inc)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 009, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Upon receipt by Issuer or Broker of any Cash Investment Instrument for the purchase of Shares, Issuer and/or Broker shall be delivered directly forward to Escrow Agent, by 12:00 noon on the Escrow Agent next business day, the Cash Investment Instrument for deposit into the escrow account of the Escrow Account Agent described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes;an executed W-8 or W-9; and (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS IN THEIR CASH INVESTMENT AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a6(a) HEREOF. b. The parties hereto Issuer and Broker understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 6 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Issuer and Broker of such dishonor and to promptly return such Cash Investment Instrument to Issuer or to Broker, whichever the applicable investorcase may be. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Issuer and Broker of such fact and to promptly return such Cash Investment Instrument to Issuer or to Broker, whichever the case may be. c. All Cash Investment Instruments that are checks or money orders shall be made payable to the applicable investor.order of, or endorsed to the order of “Regions Bank, as Escrow Agent for CapRocq Core REIT, Inc. Escrow Account”, and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner. Cash Investment Instruments that are ACH or wire transfers shall be submitted to: Account Name: Wealth Management Operations Account Number: XXXXXXXXXX ABA #: XXXXXXXXX Bank: Regions Bank Further Credit Account Name: Reg A Subscription Escrow Agmt Btwn CapRocq Core REIT Inc, Boustead Securities & Regions Bank Further Credit Account Number: XXXXXXXXXX Attention to: OXXXX XXXXX Amount to be paid: $ Account Name: Wealth Management Operations Account Number: XXXXXXXXXX ABA #: XXXXXXXXX Bank: Regions Bank Further Credit Account Name: Reg A Subscription Escrow Agmt Btwn CapRocq Core REIT Inc, Boustead Securities & Regions Bank

Appears in 1 contract

Samples: Subscription Escrow Agreement (CapRocq Core REIT, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 118, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 032, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 031, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 038, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Xxxxxx and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / _______________________________ -Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (FundRebel Dean, LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 075, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 018, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 012, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 041, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 036, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto NCPS, PORTAL and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto NCPS and/or PORTAL of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to NCPS or PORTAL should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and NCPS or PORTAL, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to NCPS or PORTAL should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “TKTC / -Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Reitless Impact Income Strategies LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 049, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 095, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 070, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 121, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 017, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Upon receipt by Sales Agent or Issuer -------------------- of any Cash Investment Instrument for the purchase of Shares, Sales Agent or Issuer shall be delivered directly forward to Escrow Agent, by 12:00 noon of the Escrow Agent next business day, the Cash Investment Instrument for deposit into the following escrow account: First Union National Bank Charlotte, North Carolina ABA # 000000000 D/5000000016439 FFC: 0000000000/ACB ATTN: Corporate Trust Department for American Community Bancshares, Inc. Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2Notify (000) 000-4. 0000 Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes;; and (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF.. ------------ b. The parties hereto Sales Agent and Issuer understand and agree that all Investments checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment --------- Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Sales Agent or Issuer, as applicable, of such dishonor and to promptly return such Cash Investment Instrument to Sales Agent or Issuer, as applicable, to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Issuer or Sales Agent of such fact and to promptly return such Cash Investment Instrument to Sales Agent or Issuer. c. All Cash Investment Instruments shall be made payable to the applicable investororder of, or endorsed to the order of, "First Union National Bank/American Community Bancshares, Inc.- Escrow Account," and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (American Community Bancshares Inc)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A and Exhibit B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Placement Agent and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Placement Agent of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Placement Agent, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Placement Agent should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / -Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Jamestown Atlanta Invest 1, LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND AND, EXCEPT AS PROVIDED IN SECTION 10(C) HEREIN, SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT Escrow Agent OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “Escrow Agent / [ LIFT Aircraft Inc. ]-Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Lift Aircraft Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 057, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 056, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments shall be delivered directly to the Upon receipt by Escrow Agent of any Cash Investment Instrument for the purchase of Debentures, Escrow Agent shall deposit the Cash Investment Instrument into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. following escrow account: SunTrust Bank Tampa, FL ABA # ____________ _____________________________ FFC: (*TBD*) ATTN: _______________________ Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s 's name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER COMPANY UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER COMPANY IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto understand Company understands and agree agrees that all Investments checks and similar instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s 's sole obligation shall be to notify the parties hereto Company of such dishonor and to promptly return forward such Cash Investment Instrument to Company to take whatever action it deems necessary. Notwithstanding the applicable investorforegoing, if for any reason any Cash Investment Instrument is uncollectible after payment of the funds represented thereby has been made by Escrow Agent, Company shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify the parties hereto Company of such fact and to promptly return such Cash Investment Instrument to the applicable investorSubscriber. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, "First Union National Bank, Escrow Account," and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Pods Inc)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A and Exhibit B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF). b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / HCo Cape May LLC-Escrow Account”, and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (HCo Cape May LLC)

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Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 048, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND AND, EXCEPT AS PROVIDED IN SECTION 10(C) HEREIN, SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT Escrow Agent OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Exxxxx Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's ’s sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “Escrow Agent / _______________________________-Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (CancerVAX, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 013, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 017, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 120, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Dalmore and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Dalmore of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Dalmore should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Dalmore, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Dalmore should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Collection Drop 019, a Series of Xxxx Collection LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Arrived Homes Series Soapstone LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Arrived Homes, LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND AND, EXCEPT AS PROVIDED IN SECTION 10(C) HEREIN, SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT Escrow Agent OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “Escrow Agent / TRIPLEPULSE,INC.-Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (TriplePulse, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 060, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 035, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 055, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto NCPS, PORTAL and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto NCPS and/or PORTAL of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to NCPS or PORTAL should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and NCPS or PORTAL, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to NCPS or PORTAL should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “TKTC / WorthPoint-Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (WORTHPOINT Corp)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 022, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 024, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 039, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments The Escrow Agreement shall be upon the following terms and conditions, and the Closing shall be contingent on the performance of all of the following (other than with respect to subparagraph (a)(iv) below, with respect to which Seller must only exert diligent, good-faith efforts to deliver to Purchaser): (a) On or before the Closing Date, Seller shall deposit or cause to be deposited (other than with respect to subparagraph (iii) of this paragraph (a), which shall be obtained by Purchaser outside the Escrow, with the diligent, good-faith assistance of Seller, and the items referenced in subparagraphs (ii), (iv), (viii) and (viii) of this paragraph (a), which shall be delivered directly to Purchaser by Seller outside the Escrow) into the Escrow the following: (i) a recordable special warranty deed (the "Deed") transferring to Purchaser fee simple title to the Escrow Agent Real Property, subject only to the Permitted Exceptions; (ii) the original execution copies of all Leases and Specialty License Agreements or copies certified to be true and correct, if the execution copies are not available; (iii) estoppel certificates, each in the form of EXHIBIT G attached hereto (each, an "Estoppel Certificate") from Sears (which estoppel certificate shall, among other things, acknowledge Sears' responsibility for the remediation of a leaking underground storage tank on Sears' parcel), Bealls, K-Mart, Luby's Cafeteria, Walgreen and Cinemark, (each, an "Anchor" and collectively, the "Anchors") occupying any portion of the Real Property under a Lease or an Anchor Agreement (as defined in Section 9.1(o)). An Estoppel Certificate shall be deemed to be in form and substance satisfactory to Purchaser notwithstanding any qualifications made by the applicable tenant, if it is executed by the applicable tenant in the form of EXHIBIT G, with the information specifically required by the applicable tenant's Lease and otherwise consistent with the information provided to Purchaser by Seller in connection with Purchaser's inspection of the Real Property and the Leases; (iv) Estoppel Certificates from tenants occupying at least 75 percent of the currently occupied non-Anchor space of the Real Property (v) any documentation required to be executed by Seller with respect to any state, county, or local sales taxes applicable to the conveyance of the Real Property pursuant to this Agreement; (vi) any documentation (e.g., any certificate of vehicle title) required to be executed in order to effect the transfer of the Personalty to Purchaser; (vii) a Rent Roll of the Closing Date certified as true and correct by Seller; (viii) notice to Tenants regarding the sale in form and substance reasonably acceptable to Seller and Purchaser; (ix) a FIRPTA Affidavit executed by Seller; (x) a Form 1099S, executed by Seller; and (xi) any additional documents that Purchaser determines to be reasonably necessary to the proper consummation of the transaction contemplated by this Agreement (provided the same do not materially increase the costs to, or liability or obligations of, the party delivering the same hereunder in a manner not otherwise provided for herein). (b) On or before the Closing Date Purchaser shall deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documentsfollowing: (1i) a report containing such Subscriber’s namethe Purchase Price, social security number or taxpayer identification number, address adjusted as set forth herein and other information required for withholding purposesreflected on the closing statement described in Section 6.3(c)(i) (the "Adjusted Purchase Price"); (2ii) a Subscription Accountingany documentation required to be executed by Purchaser with respect to any state, county, or local sales taxes applicable to the conveyance of the Real Property pursuant to this Agreement; (iii) any documentation (e.g., any certificate of vehicle title) required to be executed in order to effect the transfer of the Personalty to Purchaser; and (3iv) instructions regarding any additional documents that Seller reasonably determines to be necessary to the investment proper consummation of such deposited funds the transaction contemplated by this Agreement (provided the same do not materially increase the costs to, or liability or obligations of, the party delivering the same hereunder in a manner not otherwise provided for herein). (c) On or before the Closing, Seller and Purchaser shall jointly deposit into the Escrow the following: (i) a closing statement in quadruplicate in form and substance satisfactory to the parties hereto; (ii) the Assignment of Leases; (iii) the Assignment of Contracts; (iv) the Blanket Conveyance; (v) the Assignment of Option; and (vi) the Assignment of REA. (d) Title Insurer shall be unconditionally prepared to issue the Title Policy in strict accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOFthe Title Commitment approved by Purchaser as set forth in Article 5. b. (e) The parties hereto understand representations and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, and the proceeds thereof warranties set forth in Article 9 shall be held true and correct as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto date of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investorClosing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carlyle Real Estate LTD Partnership X)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 066, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Xxxx Gallery #KW-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 089, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 042, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 065, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 105, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments (a) Seller shall deposit, or cause to be delivered directly deposited, into the Escrow, in time to permit the closing of the transaction contemplated hereby on the Closing Date, the items described in Sections 10(a), 10(d), 10(e), 10(l) and 10(m) hereof. Escrow Holder is hereby authorized to use the foregoing documents and instruments to close the Escrow only if and when: (i) Escrow Holder holds for the account of Seller all net sums to be paid by Purchaser to Seller through Escrow at the Closing; (ii) Title Company can and will issue the Title Policy concurrently with the Closing; (iii) Escrow Holder receives telephonic authorization from Seller or its counsel that Seller's Conditions Precedent and all other conditions to the Closing have been satisfied; and (iv) Escrow Agent Holder has prepared and the parties shall have approved final closing statements for deposit each of Seller and Purchaser (collectively, "Approved Closing Statements"), which Approved Closing Statements shall show the amounts to be paid, credited, debited or adjusted (as the case may be) by the parties as more fully set forth herein. (b) Purchaser shall deposit, or cause to be deposited, into the Escrow Account described Escrow, in time to permit the closing of the transaction contemplated hereby on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documentsClosing Date: (1) a report containing such Subscriber’s nameThe Purchase Price, social security number or taxpayer identification number, address and other information required for withholding purposes;less adjustments per the Approved Closing Statements. (2) a Subscription AccountingThe additional amount, if any, which Escrow Holder estimates to be necessary to pay Purchaser's share under this Agreement of the closing costs, expenses and prorations of this transaction; and and (3) instructions regarding the investment of such deposited funds The items described in accordance with Section 6 Sections 11(b), 11(c) and 11(e) hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(aEscrow Holder is hereby authorized to use said funds, instruments and documents to close the Escrow only if and when: (i) HEREOF. b. The parties hereto understand Escrow Holder holds for Purchaser the documents described in Section 19.2(a) hereof; (ii) Title Company can and agree will issue the Title Policy concurrently with the Closing; (iii) Escrow Holder receives telephonic authorization from Purchaser or its counsel 41 ---------------------------------------------------------------- that all Investments received by of Purchaser's Conditions Precedent and all other conditions to the Closing have been satisfied; and (iv) Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment Holder has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, prepared and the proceeds thereof parties shall be held as part of have approved the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investorApproved Closing Statements.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Macerich Co)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 088, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 014, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 015, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 081, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Arrived Homes Series Liery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Arrived Homes, LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 087, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 051, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 059, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A B hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND AND, EXCEPT AS PROVIDED IN SECTION 10(C) HEREIN, SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT Escrow Agent OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by Escrow Agent, Issuer shall immediately reimburse Escrow Agent upon receipt from Escrow Agent of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should Escrow Agent have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “Escrow Agent / Legion M Entertainment - Escrow Account,” and Escrow Agent shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Legion M Entertainment, Inc.)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 020, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 038, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 090, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Collection Drop 001, a Series of Xxxx Collection LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Collection LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Broker and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Broker of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Broker, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Broker should sufficient Investor information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Series Gallery Drop 111, a Series of Xxxx Gallery LLC-Escrow Account,” and NCPS shall not be obligated to accept, or present for payment, any Cash Investment Instrument that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow Agent's NCPS’s sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Drop 010, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

Deposits into Escrow. a. All Investments Cash Investment Instruments shall be delivered directly to the Escrow Agent NCPS for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents: (1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes; (2) a Subscription Accounting; and (3) written instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT NCPS OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. b. The parties hereto Platform and Issuer understand and agree that all Investments Cash Investment Instruments received by Escrow Agent NCPS hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent NCPS shall process each Cash Investment Instrument for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Cash Investment Instrument is dishonored, Escrow AgentNCPS’s sole obligation shall be to notify the parties hereto Platform of such dishonor and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. Notwithstanding the foregoing, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof. Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Subscriber’s initial proposed Cash Investment, Escrow AgentNCPS's sole obligation shall be to notify Issuer and Platform, depending upon the parties hereto source of the of the Cash Investment Instrument, of such fact and to promptly return such Cash Investment Instrument to the applicable investorInvestor should NCPS have Investor information sufficient to effect such a return or to Platform should sufficient Investor information be unavailable. c. ACH payments shall be made payable to the order of, or endorsed to the order of, “NCPS /Series Gallery Drop 019, a Series of Xxxx Gallery LLC,” and NCPS shall not be obligated to accept, or present for payment, any ACH payment that is not payable or endorsed in that manner.

Appears in 1 contract

Samples: Escrow Agreement (Otis Gallery LLC)

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