Disbursement from the Escrow Account. 4.1 Subject to Section 4.3 below, if by the close of regular banking hours on the Termination Date the Escrow Agent determines that the amount in the Fund is less than the minimum amount of the offering, then the Escrow Agent shall promptly refund to each prospective purchaser the amount of payment received from such purchaser which is then held in the Fund or which thereafter clears the banking system, without interest thereon or deduction therefrom, by drawing checks on the Escrow Account for the amounts of such payments and transmitting them to the purchasers. In such event, the Escrow Agent shall promptly notify the Issuer of its distribution of the Fund.
Appears in 9 contracts
Samples: Escrow Agreement (Gemini Partners Inc), Escrow Agreement (American Corp), Escrow Agreement (American Corp)
Disbursement from the Escrow Account. 4.1 Subject to Section 4.3 below, if by the close of regular banking hours on the Termination Date the Escrow Agent determines that the amount in the Fund is less than the minimum amount of the offering, then the Escrow Agent shall promptly refund to each prospective purchaser the amount of payment received from such purchaser which is then held in the Fund or which thereafter clears the banking system, without interest thereon or deduction therefrom, by drawing checks on the Escrow Account for the amounts of such payments and transmitting mail them to the purchasers. In such event, the Escrow Agent shall promptly notify the Issuer of its distribution of the Fund.
Appears in 8 contracts
Samples: Escrow Agreement (Winmark, Inc.), Escrow Agreement (Descorp Inc), Escrow Agreement (El Avila, Inc.)
Disbursement from the Escrow Account. 4.1 Subject to Section 4.3 below, if by the close of regular banking hours on the Termination Date April 23, 2008, the Escrow Agent determines that the amount in the Fund is less than the minimum amount of the offeringOffering, then the Escrow Agent shall promptly refund to each prospective purchaser the amount of payment received from such purchaser which is then held in the Fund or which thereafter clears the banking system, without interest thereon or deduction therefrom, by drawing checks on the Escrow Account for the amounts of such payments and transmitting mail them to the purchasers. In such event, the Escrow Agent shall promptly notify the Issuer of its distribution of the FundFund and return all Securities held by the Escrow Agent to the Issuer.
Appears in 1 contract
Disbursement from the Escrow Account. 4.1 Subject to Section 4.3 below, if by the close of regular banking hours on the Termination Date the Escrow Agent determines that the amount in the Fund is less than the minimum amount of the offering, then the Escrow Agent shall promptly refund to each prospective purchaser the amount of payment received from such purchaser which is then held in the Fund or which thereafter clears the banking system, without interest thereon or deduction therefrom, by drawing checks on the Escrow Account for the amounts of such payments and transmitting mail them to the purchasers. In such event, the Escrow Agent shall promptly notify the Issuer of its distribution of the FundFund and return all Securities held by the Escrow Agent to the Issuer.
Appears in 1 contract
Samples: Escrow Agreement (Winmark, Inc.)
Disbursement from the Escrow Account. 4.1 Subject to Section 4.3 below, if by the close of regular banking hours on the Termination Date the Escrow Agent determines that the amount in the Fund is less than the minimum total amount of the offering, then the Escrow Agent shall promptly refund to each prospective purchaser the amount of payment received from such purchaser which is then held in the Fund or which thereafter clears the banking system, without interest thereon or deduction therefrom, by drawing checks on the Escrow Account for the amounts of such payments and transmitting mail them to the purchasers. In such event, the Escrow Agent shall promptly notify the Issuer of its distribution of the Fund.
Appears in 1 contract
Samples: Escrow Agreement (Descorp Inc)