Disbursement Into Court. If, at any time, there shall exist any dispute between the Company, the Placement Agent and/or the purchasers with respect to the holding or disposition of any portion of the Escrow Amount or any other obligations of the Escrow Agent hereunder, or if at any time the Escrow Agent is unable to determine, to the Escrow Agent’s sole satisfaction, the proper disposition of any portion of the Escrow Amount or the Escrow Agent’s proper actions with respect to its obligations hereunder, or if the Company and the Placement Agent have not within 30 days of the furnishing by the Escrow Agent of a notice of resignation appointed a successor Escrow Agent to act hereunder, then the Escrow Agent may, in its sole discretion, take either or both of the following actions:
Disbursement Into Court. At any time, the Escrow Agent, in its sole discretion, may commence an action in the nature of interpleader in any court it deems appropriate, to determine ownership or disposition of the Escrow Property or it may deposit the Escrow Property with the clerk of any appropriate court or it may retain the Escrow Property pending receipt of a final, non-appealable order of a court having jurisdiction over all of the parties hereto directing to whom and under what circumstances the Escrow Property are to be disbursed and delivered. During the pendency of any such action, the Escrow Agent may suspend the performance of any of its obligations under this Escrow Agreement until such dispute or uncertainty shall be resolved to the sole satisfaction of Escrow Agent or until a successor Escrow Agent shall have been appointed (as the case may be). The Escrow Agent shall have no liability to the Company, the Purchaser or any other person with respect to any such suspension of performance or disbursement into court, specifically including any liability or claimed liability that may arise, or be alleged to have arisen, out of or as a result of any delay in the disbursement of funds held in the Escrow Accounts or any delay in or with respect to any other action required or requested of Escrow Agent.
Disbursement Into Court. If, at any time, there shall exist any dispute between the Borrower and the Agent with respect to the holding or disposition of any portion of the funds held in the L/C Cash Collateral Accounts or any other obligations of the Escrow Agent hereunder, or if at any time the Escrow Agent is unable to determine, to its sole satisfaction, the proper disposition of any portion of such funds or Escrow Agent's proper actions with respect to its obligations hereunder, or if the Agent has not, within thirty (30) days of the furnishing by the Escrow Agent of a notice of resignation pursuant to Section 6, appointed a successor Escrow Agent to act hereunder, then the Escrow Agent may, in its sole discretion, take either or both of the following actions:
Disbursement Into Court. If, at any time, there shall exist any dispute between the Company, the Selling Stockholders, the Placement Agent and/or the purchasers with respect to the holding or disposition of any portion of the Escrow Amount or any other obligations of the Escrow Agent hereunder, or if at any time the Escrow Agent is unable to determine, to the Escrow Agent’s sole satisfaction, the proper disposition of any portion of the Escrow Amount or the Escrow Agent’s proper actions with respect to its obligations hereunder, or if the Company, the Selling Stockholders and the Placement Agent have not within 30 days of the furnishing by the Escrow Agent of a notice of resignation appointed a successor Escrow Agent to act hereunder, then the Escrow Agent may, in its sole discretion, take either or both of the following actions:
Disbursement Into Court. If, at any time, there shall exist any ----------------------- dispute between Issuer or Note Holders with respect to the holding or disposition of any portion of the Defeasance Funds or any other obligations of Defeasance Agent hereunder, or if at any time Defeasance Agent is unable to determine, to Defeasance Agent's sole satisfaction, the proper disposition of any portion of the Defeasance Funds or Defeasance Agent's proper actions with respect to its obligations hereunder, or if the Representatives have not within 30 days of the furnishing by Defeasance Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor Defeasance Agent to act --------- hereunder, then Defeasance Agent may, in its sole discretion, take either or both of the following actions:
Disbursement Into Court. 7.1. If, at any time, there shall exist any dispute between Company and an Investor with respect to the holding or disposition of any portion of the Escrow Accounts, or any other obligations of the Escrow Agent hereunder, or if at any time the Escrow Agent is unable to determine, to Escrow Agent's sole satisfaction, the proper disposition of any portion of the Escrow Accounts or Escrow Agent's proper actions with respect to its obligations hereunder, or if the Escrow Agent resigns or is removed and no successor is appointed by the written direction of the Company (the "Written Direction") within twenty (20) banking business days ("Business Days") after such resignation or within ten (10) Business Days after such removal, then the Escrow Agent may, in its sole discretion:
Disbursement Into Court. If, at any time, there shall exist any dispute between Depositor and Recipient with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder as evidenced in writing by such party to Escrow Agent, or if at any time Escrow Agent is unable to determine, to Escrow Agent's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent's proper actions with respect to its obligations hereunder, or if the Depositor and the Recipient have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Disbursement Into Court. If at any time the Escrow Agent determines in its sole discretion that there exists any dispute between Buyer and Seller with respect to the holding or disposition of any portion of the Escrow Funds or any other obligations of the Escrow Agent hereunder, or if at any time the Escrow Agent is unable to determine, to the Escrow Agent’s sole satisfaction, the proper disposition of any portion of the Escrow Funds or the Escrow Agent’s proper actions with respect to its obligations hereunder, or if the Buyer and Seller have not within thirty (30) days of the furnishing by the Escrow Agent of a notice of resignation pursuant to Section 7 hereof appointed a successor Escrow Agent to act hereunder, then the Escrow Agent may, in its sole discretion, take the following actions: (a) suspend the performance of any of its obligations under this Escrow Agreement until such dispute or uncertainty shall be resolved to the sole satisfaction of the Escrow Agent or until a successor Escrow Agent shall have been appointed (as the case may be); provided, however, that the Escrow Agent shall continue to invest the Escrow Funds in accordance with Section 6 hereof; and (b) in the event such dispute or uncertainty is not resolved to the sole satisfaction of the Escrow Agent or a successor Escrow Agent is appointed within a period of ten (10) calendar days following such suspension of performance, pay over to any court of competent jurisdiction in Xxxxxx County, Georgia, all Escrow Funds for holding and disposition in accordance with the arbitrator’s award pursuant to Section 19(b). 6.
Disbursement Into Court. (a) If, at any time, there shall exist any dispute between the Stockholder, the Company, Stanford or any other party with respect to the holding or disposition of any portion of the Escrow Shares or any other items delivered to Escrow Agent hereunder or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent's sole satisfaction, the proper disposition of any portion of the Escrow Shares or any other items delivered to Escrow Agent hereunder or Escrow Agent's proper actions with respect to its obligations hereunder, or if the Stockholder and Stanford have not within 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 2.7 of this Agreement, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Disbursement Into Court. If, at any time, there shall exist any dispute between the Borrower and the Collateral Agent with respect to the holding or disposition of any portion of the Sinking Fund Collateral Account Funds held in the Sinking Fund Collateral Account or any other obligations of the Collateral Agent hereunder, or if at any time the Collateral Agent is unable to determine, to its sole satisfaction, the proper disposition of any portion of such funds or Collateral Agent's proper actions with respect to its obligations hereunder, then the Collateral Agent may, in its sole discretion, take either or both of the following actions:
