Common use of DISPOSITION OF XXXXXXX MONEY DEPOSIT Clause in Contracts

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 5 contracts

Samples: Purchase Agreement (Cole Credit Property Trust II Inc), Master Purchase Agreement (Cole Credit Property Trust II Inc), Assignment of Purchase Agreement (Cole Credit Property Trust II Inc)

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DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally federally-insured interest-bearing passbook account on behalf of account, subject to immediate withdrawal. Seller and Buyer. The Buyer agree that the Xxxxxxx Money Deposit and interest thereon shall be applied as follows and hereby instruct Escrow Agent to apply the Xxxxxxx Money Deposit as follows: (a) if Buyer cancels 4.1 In the event the Transaction is consummated, the Xxxxxxx Money Deposit shall be applied against the Purchase Price; 4.2 In the event the Transaction is not consummated due to Seller’s failure to perform all of Seller’s obligations under this Agreement as Buyer is so entitled or due to do as provided in Buyer’s cancellation of this Agreement pursuant to the provisions of Section 6, 14 or 15 or due to the failure of any of Buyer’s other conditions precedent set forth herein and Buyer’s subsequent termination of this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid and delivered immediately to Buyer;; and (b) if 4.3 In the event the Transaction is not consummated due to Buyer’s failure to perform all of Buyer’s obligations under this Agreement, the Xxxxxxx Money Deposit shall be paid and delivered to Seller as Seller’s total liquidated damages, Seller and Buyer hereby agreeing that it would be impracticable and extremely difficult to fix the amount of Seller’s actual damages and further agreeing that the Xxxxxxx Money Deposit is forfeited by Buyer pursuant a reasonable estimate of the amount Seller might be damaged as a result of Buyer’s failure to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXXperform hereunder.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Global Growth Trust, Inc.)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-interest bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's ’s agreed and total liquidated damagesdamages for Buyer’s failure to purchase the Property, without legal excuse, in accordance with the terms of this Agreement, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damagesdamages resulting therefrom; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 1 contract

Samples: Purchase Agreement (Cost U Less Inc)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. All interest earned on the Xxxxxxx Money Deposit shall be deemed added to and become a part of the Xxxxxxx Money Deposit. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's ’s agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 1 contract

Samples: Purchase Agreement (Cole Credit Property Trust V, Inc.)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing interest‑bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer terminates or cancels this Agreement, pursuant to the terms and conditions of this Agreement as which permits Buyer is so entitled to do as provided in this Agreementexercise such termination or cancellation rights, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid immediately to Seller Seller, and except as otherwise provided in this Agreement, shall be Seller's ’s agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 1 contract

Samples: Purchase Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and BuyerBuyer (but in no event a money market account). The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's ’s agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 1 contract

Samples: Master Purchase Agreement (Cole Credit Property Trust Iv, Inc.)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement in its entirety as Buyer is so entitled to do as provided in this Agreement, the entire Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if Buyer terminates this Agreement with respect to any Property as Buyer is so entitled to do as provided in this Agreement, $20,000.00 of the Xxxxxxx Money Deposit shall be paid immediately to Buyer for each terminated Property; (c) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's ’s agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damages; and (cd) if escrow closescloses for any Property, $20,000.00 of the Xxxxxxx Money Deposit and all interest earned any amount deposited pursuant to XXX Section 17 below shall be credited to Buyer, automatically applied against the Purchase Price for such Property and paid to Seller at XXX.

Appears in 1 contract

Samples: Master Purchase Agreement (Cole Credit Property Trust V, Inc.)

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DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement with respect to any “Removed Property,” or “Rejected Property,” as defined below, as Buyer pursuant to Sections 6(d), 7(c), 12 or 19, as Buyer is so entitled to do as provided in this Agreementsuch Sections, the Xxxxxxx Money Deposit and all interest earned applicable to the effective date of withdrawal such Removed Property or Rejected Property shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's ’s agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 1 contract

Samples: Master Purchase Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon on the Xxxxxxx Money Deposit shall be applied as follows: (a) if Buyer cancels this Agreement prior to August 26, 2004, as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if Buyer cancels this Agreement after August 26, 2004, but prior to the expiration of the Due Diligence Period, as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal less the Non-Refundable Deposit shall be paid immediately to Buyer and the Non-Refundable Deposit shall be paid to Seller, except as specifically set forth in this Agreement; (c) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller as Seller's agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's exact damages; and (cd) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXXupon Closing.

Appears in 1 contract

Samples: Assignment of Purchase Agreement (Cole Credit Property Trust II Inc)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement in its entirety as Buyer is so entitled to do as provided in this Agreement, the entire Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if Buyer terminates this Agreement with respect to any Property as Buyer is so entitled to do as provided in this Agreement, $10,000.00 of the Xxxxxxx Money Deposit shall be paid immediately to Buyer for each terminated Property; (c) if the Xxxxxxx Money Deposit, or any portion thereof, is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal Deposit, or portion thereof, shall be paid to Seller as Seller's ’s agreed and total liquidated damagesdamages with respect to the applicable Properties, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's ’s exact damages; and (cd) if escrow closescloses for any Property, $10,000.00 of the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price for such Property and paid to Seller at XXX.

Appears in 1 contract

Samples: Master Purchase Agreement (Cole Credit Property Trust V, Inc.)

DISPOSITION OF XXXXXXX MONEY DEPOSIT. Seller and Buyer hereby instruct Escrow Agent to place the Xxxxxxx Money Deposit in a federally insured interest-bearing passbook account on behalf of Seller and Buyer. The Xxxxxxx Money Deposit and interest thereon shall be applied as follows: (a) if Buyer cancels this Agreement as Buyer is so entitled to do as provided in this Agreement, the Xxxxxxx Money Deposit and all interest earned to the effective date of withdrawal shall be paid immediately to Buyer; (b) if the Xxxxxxx Money Deposit is forfeited by Buyer pursuant to this Agreement, such Xxxxxxx Money Deposit and all interest earned to the date of withdrawal shall be paid to Seller pursuant to Section 21(b) below as Seller's agreed and total liquidated damages, it being acknowledged and agreed that it would be difficult or impossible to determine Seller's exact damages; and (c) if escrow closes, the Xxxxxxx Money Deposit and all interest earned to XXX shall be credited to Buyer, automatically applied against the Purchase Price and paid to Seller at XXX.

Appears in 1 contract

Samples: Assignment of Purchase Agreement (Cole Credit Property Trust II Inc)

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