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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 (a) Stonewood 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(f), 10(l), 10(m) and 10(n) hereof. Escrow Holder is hereby authorized to use the foregoing documents and instruments to close the Escrow Agent only if and when: (i) Escrow Holder holds for deposit the account of Stonewood all net sums to be paid by Macerich to Stonewood through Escrow at the Closing; (ii) Title Company can and will issue the Title Policy concurrently with the Closing; and (iii) Escrow Holder receives telephonic authorization from Stonewood or its counsel that Stonewood's Condition Precedent has been satisfied. (b) Macerich 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 numberless (i) all amounts to be paid by Stonewood hereunder, address (ii) Stonewood's share of amounts to be prorated under Exhibit R hereof, (iii) all amounts paid by Escrow Holder in satisfaction of Liens on the Property in order to put title to the Property into the state required by this Agreement, and other information required for withholding purposes;(iv) the Holdback Amount. 32 (2) a Subscription AccountingThe additional amount, if any, which Escrow Holder estimates to be necessary to pay Macerich's share under this Agreement of the closing costs, expenses and prorations of this transaction; and (3) instructions regarding the investment of such deposited funds The items described in accordance with Section 6 Sections 11(b) and 11(c) and 11(d) 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 Macerich the documents described in Section 19.2(a) hereof, and agree (ii) Title Company can and will issue the Title Policy concurrently with the Closing, and (iii) Escrow Holder receives telephonic authorization from Macerich or its counsel 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 Macerich's Conditions Precedent have 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 investorsatisfied.

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 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 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 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 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 025, 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 008, a Series of Oxxx 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 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 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 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 / Oncolyze-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 (Oncolyze, 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 011, 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 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 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 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 103, 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 / Series I Got A Gal, 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 Drop 003, 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 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 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 097, 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 113, 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 123, 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 / WiGL, 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 (Wireless Electrical Grid LAN, WiGL, 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 058, 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, Managing 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 and Managing 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 or Managing 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, Broker, and managing 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 or Managing 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 (Knightscope, 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 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 investorSubscriber should NCPS have Subscriber information sufficient to effect such a return or to Placement Agent should sufficient Subscriber 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 investorSubscriber should NCPS have Subscriber information sufficient to effect such a return or to Placement Agent should sufficient Subscriber information be unavailable. c. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS / Commonwealth Thoroughbreds [Series Name] - 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 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 promptly 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 / Platform Ventures Diversified Housing REIT- 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 (Platform Ventures Diversified Housing REIT, 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 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 030, 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 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 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 116, 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. All Cash Investment Instruments shall be made payable to the order of, or endorsed to the order of, “NCPS /Escalate Wealth REIT I, Inc.-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 (Elevate.Money REIT I, Inc.)

Deposits into Escrow. a. All Investments shall be SI Securities will procure that all Escrow Funds are delivered directly via Automated Clearing House (“ACH”) transfer from SI Securities to the account specified in Exhibit A attached hereto. Wire and/or ACH transfer instructions are subject to change, and may differ if funds are being sent from an international account. In the event these instructions change they will be updated and provided by Escrow Agent for deposit into the Escrow Account described on Exhibit A heretoto SI Securities. Investments received by Issuer shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-44 promulgated 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 Subscription Accounting and any other information required for withholding purposes; (2) a Subscription Accounting; and (3) instructions regarding reasonably requested by Escrow Agent, as the investment of such deposited funds in accordance with Section 6 hereofcase may be. ESCROW AGENT ACKNOWLEDGES THAT ALL ESCROW 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 Funds shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. IfEscrow Agent shall have no obligation to cross-check, upon presentment for paymentconfirm or monitor whether Escrow Funds correlate exactly to any particular Investment; however, any Investment is dishonoredin the event that amounts received are inconsistent with an accompanying Subscription Accounting, Escrow Agent’s sole obligation Agent 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 await joint written instruction from Issuer and SI Securities regarding such Investment to the applicable investorEscrow Funds.

Appears in 1 contract

Samples: Escrow Agreement (Basil Street Cafe, 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 008, 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 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 ’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 (Innovega 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 037, 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 018, 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 102, 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 [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 Agent's NCPS’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 (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 / [ACME AtronOmatic 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 (Acme Atronomatic 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 108, 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 053, 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)

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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 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 047, 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 110, 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 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 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 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 013, 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 085, 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 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 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)

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 016, 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 074, 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 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 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 015, 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 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 052, 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 112, 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 022, 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 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 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 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 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 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. IT IS EXPRESSELY ACKNOWLEDGED AND AGREED THAT THE OFFERING IS NOT A “MIN-MAX OFFERING” AND IS NOT AN “ALL-OR-NOTHING” OFFERING AS SUCH TERMS ARE USED UNDER RULE 10b-9 AND RULE 15c-2-4 AS PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION. 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 1 contract

Samples: Escrow Agreement (20/20 GeneSystems, 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 072, 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 043, 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 037, 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 046, 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 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 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 115, 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) 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 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 of such dishonor and to promptly return such Cash Investment Instrument to NCPS. 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 NCPS of such fact and to promptly return such Cash Investment Instrument to NCPS. c. All Cash Investment Instruments shall be made payable to the applicable investororder of, or endorsed to the order of, “BMTC DE / ____________________-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 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 100, 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)

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