Common use of Escrow Agent Not Responsible For Investment Decisions Clause in Contracts

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific written investment instruction from Buyer, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Escrow Property; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Escrow Property in the Escrow Agent’s “MMIS Business Insured Savings” fund until such investment instruction is received. All earnings received from the investment of the Additional Escrow Property shall be credited to, and shall become a part of, the Escrow (and any losses on such investments shall be debited to the Escrow Account). The Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Indemnification Escrow Agreement (Jamdat Mobile Inc)

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Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific joint written investment instruction from Buyerthe Buyer and the Stockholder Representative, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Cash Escrow Property; provided, however, that in the event the Escrow Agent shall not have received such joint written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Cash Escrow Property in the Escrow Agent’s “MMIS Business Insured Savings” fund Money Market Account, until such investment instruction is received. All earnings received from the investment of the Additional Cash Escrow Property shall be credited to, and shall become a part of, the Cash Escrow Property (and any losses on such investments shall be debited to deducted from the Cash Escrow AccountProperty). The Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Merger Agreement (Actividentity Corp)

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific written investment instruction from the Seller Representative and Buyer, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Escrow PropertyFunds; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Escrow Property Funds in the Escrow Agent’s “MMIS Business Insured Savings” fund MMDA, as described in Annex A hereto, until such investment instruction is received. All earnings received from the investment of the Additional Escrow Property Funds (the “Escrow Income”) shall be credited to, and shall become a part of, the Escrow Account (and any losses on such investments shall be debited to the Escrow Account). The Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Parametric Technology Corp)

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific written investment instruction from BuyerSubject to the obligations set forth in Section 4(a), the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Escrow Property; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Escrow Property in the Escrow Agent’s “MMIS Business Insured Savings” fund IMMA until such investment instruction is received. All earnings received from the investment of the Additional Escrow Property shall be credited to, and shall become a part of, the Escrow Account (and any losses on such investments shall be debited to the Escrow Account). The Escrow Agent shall have the right to liquidate any investments held in order to provide funds necessary to make required payments under this Agreement. The Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Escrow Agreement (Thoratec Corp)

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific joint written investment instruction from Buyer, LP Seller and General Partner, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Escrow Property; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Escrow Property in the Escrow Agent’s “MMIS Business Insured Savings” fund MMDA until such investment instruction is received. All earnings received from the investment of the Additional Escrow Property shall be credited to, and shall become a part of, the Escrow Property (and any losses on such investments shall be debited to the Escrow Account). The Subject to Section 7(b), the Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Partnership Interest Purchase Agreement (Liberty Property Limited Partnership)

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Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific written investment instruction from Buyerthe Company, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Escrow Property; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Escrow Property in the Escrow Agent’s “MMIS Business Insured SavingsMoney Market Accountfund (“IMMA”) until such investment instruction is received. All earnings received from the investment of the Additional Escrow Property shall be credited to, and shall become a part of, the Escrow (and any losses on such investments shall be debited to the Escrow Account). The Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Holdback Escrow Agreement (Energroup Holdings Corp)

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific joint written investment instruction from Buyer, LP Seller and General Partner, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Additional Escrow Property; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall be authorized to invest any of the Additional Escrow Property in the Escrow Agent’s “MMIS Business Insured Savings” fund MMDA until such investment instruction is received. All earnings received from the investment of the Additional Escrow Property shall be credited to, and shall become a part of, the Escrow Property (and any losses on such investments shall be debited to the Escrow Account). The Subject to Section 7(b) of this Agreement, the Escrow Agent shall have no liability for any investment losses, including without limitation any market loss on any investment liquidated prior to maturity in order to make a payment required hereunder.

Appears in 1 contract

Samples: Partnership Interest Purchase Agreement (Liberty Property Limited Partnership)

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