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 the Seller Representative and Buyer, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Escrow Funds; provided, however, that in the event the Escrow Agent shall not have received such written investment instruction, the Escrow Agent shall invest the Escrow Funds in the Escrow Agent’s MMDA, as described in Annex A hereto, until such investment instruction is received. All earnings received from the investment of the Escrow 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.

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific joint written investment instruction from the Buyer, LP Seller Representative and BuyerGeneral Partner, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Escrow FundsProperty; 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 Escrow Funds Property in the Escrow Agent’s MMDA, as described in Annex A hereto, MMDA until such investment instruction is received. All earnings received from the investment of the Escrow Funds (the “Escrow Income”) Property shall be credited to, and shall become a part of, the Escrow Account 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.

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific written investment instruction from the Seller Representative and BuyerCompany, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Escrow FundsProperty; 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 Escrow Funds Property in the Escrow Agent’s MMDA, as described in Annex A hereto, “Insured Money Market Account” (“IMMA”) until such investment instruction is received. All earnings received from the investment of the Escrow Funds (the “Escrow Income”) 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 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.

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific joint written investment instruction from the Seller Representative Buyer and Buyerthe Stockholder Representative, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Cash Escrow FundsProperty; provided, however, that in the event the Escrow Agent shall not have received such joint written investment instruction, the Escrow Agent shall invest any of the Cash Escrow Funds Property in the Escrow Agent’s MMDA, as described in Annex A heretoMoney Market Account, until such investment instruction is received. All earnings received from the investment of the Cash Escrow Funds (the “Escrow Income”) Property shall be credited to, and shall become a part of, the Cash Escrow Account 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.

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific written investment instruction from Subject to the Seller Representative and Buyerobligations set forth in Section 4(a), the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Escrow FundsProperty; 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 Escrow Funds Property in the Escrow Agent’s MMDA, as described in Annex A hereto, IMMA until such investment instruction is received. All earnings received from the investment of the Escrow Funds (the “Escrow Income”) 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.

Escrow Agent Not Responsible For Investment Decisions. Absent its timely receipt of such specific joint written investment instruction from the Buyer, LP Seller Representative and BuyerGeneral Partner, the Escrow Agent shall have no obligation or duty to invest (or otherwise pay interest on) the Escrow FundsProperty; 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 Escrow Funds Property in the Escrow Agent’s MMDA, as described in Annex A hereto, MMDA until such investment instruction is received. All earnings received from the investment of the Escrow Funds (the “Escrow Income”) Property shall be credited to, and shall become a part of, the Escrow Account 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.

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 FundsProperty; 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 Funds Property in the Escrow Agent’s MMDA, as described in Annex A hereto, “MMIS Business Insured Savings” fund until such investment instruction is received. All earnings received from the investment of the Additional Escrow Funds (the “Escrow Income”) 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 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.