Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee), which compensation shall be paid by the Company or any of its affiliates. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that (a) in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled; (b) the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent or the Dealer Manager’s consent or as required by law; (c) there is any assignment of interest in the subject matter of this Escrow Agreement; (d) any material modification hereof with the Company’s consent; (e) if any material controversy arises hereunder; or (f) the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company or any of its affiliates. The Company’s obligations under this Section 8 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 6 contracts
Samples: Escrow Agreement (Apollo Realty Income Solutions, Inc.), Escrow Agreement (Fidelity Private Credit Fund), Escrow Agreement (Apollo Realty Income Solutions, Inc.)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)D, which compensation shall be paid by the Company or any of its affiliatesCompany. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent Agreement, or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the Company’s consent;
(e) hereof, or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company or any of its affiliatesCompany. The Company’s obligations under this Section 8 6 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 2 contracts
Samples: Subscription Escrow Agreement (FundCore Institutional Income Trust Inc.), Subscription Escrow Agreement (FundCore Institutional Income Trust Inc.)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)D, which compensation shall be paid by the Company or any of its affiliatesCompany. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent Agreement, or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the Company’s consent;
(e) hereof, or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company or any of its affiliatesCompany. The Company’s obligations under this Section 8 9 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Steadfast Apartment REIT III, Inc.), Escrow Agreement (Steadfast Apartment REIT III, Inc.)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee), which compensation shall be paid by the Company or any of its affiliates. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) any material modification hereof with the Company’s consent;
(e) if any material controversy arises hereunder; or
(f) the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company or any of its affiliates. The Company’s obligations under this Section 8 7 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Apollo Infrastructure Co LLC), Escrow Agreement (Apollo Realty Income Solutions, Inc.)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)C, which compensation shall be paid by the Company Fund or any of its affiliates. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the CompanyFund’s consent or the Dealer Intermediary Manager’s consent or as required by law;
(c) , or there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the CompanyFund’s consent;
(e) , or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company Fund or any of its affiliates. The CompanyFund’s obligations under this Section 8 7 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Apollo Debt Solutions BDC), Escrow Agreement (Apollo Debt Solutions BDC)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)C, which compensation shall be paid by the Company Fund or any of its affiliates. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the CompanyFund’s consent or the Dealer Manager’s consent or as required by law;
(c) , or there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the CompanyFund’s consent;
(e) , or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company Fund or any of its affiliates. The CompanyFund’s obligations under this Section 8 7 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 1 contract
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)D, which compensation shall be paid by the Company or any of its affiliatesCompany. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s 's services as contemplated by this Escrow Agreement; provided, however, that
(a) in the event that if the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent Agreement, or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the Company’s consent;
(e) hereof, or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating pertaining to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses's fees, occasioned by any delay, controversy, litigation or event, and the same shall be paid by recoverable from the Company or any of its affiliatesCompany. The Company’s obligations under this Section 8 7 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 1 contract
Samples: Subscription Escrow Agreement (American Realty Capital New York Recovery Reit Inc)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)D, which compensation shall be paid by the Company or any of its affiliatesCompany. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s 's services as contemplated by this Escrow Agreement; provided, however, that
(a) that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent Agreement, or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the Company’s consent;
(e) hereof, or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating pertaining to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses's fees, occasioned by any delay, controversy, litigation or event, and the same shall be paid by recoverable from the Company or any of its affiliatesCompany. The Company’s obligations under this Section 8 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 1 contract
Samples: Subscription Escrow Agreement (American Realty Capital New York Recovery Reit Inc)
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee)B, which compensation shall be paid by the Company or any of its affiliatesCompany. The fee agreed upon for the ordinary services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) in the event that if the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) , or the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent Agreement, or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) , or any material modification hereof with the Company’s consent;
(e) hereof, or if any material controversy arises hereunder; or
(f) , or the Escrow Agent is made a party to any litigation relating pertaining to this Escrow Agreement, or the subject matter hereof; , then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable its out-of-pocket costs and expenses, including reasonable attorney’s fees and expensesfees, occasioned by any delay, controversy, litigation or event, and the same shall be paid by recoverable from the Company or any of its affiliatesCompany. The Company’s obligations under this Section 8 7 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Appears in 1 contract
Samples: Subscription Escrow Agreement (Alti Private Equity Access & Commitments Fund)