Common use of Escrow Deposit Clause in Contracts

Escrow Deposit. Within three (3) business days after the full execution and delivery of this Agreement, Buyer shall deliver Six Million Five Hundred Thousand Dollars ($6,500,000) (the “Deposit”) to First American Title Insurance Company, at its offices at 0000 X. Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx, Attention: Xxxx Xxxxx, which company, in its capacity as escrow holder hereunder, is called “Escrow Agent”. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount shall be held by Escrow Agent as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, a memorandum of this Agreement, in the form attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the County. At all times that the Deposit is being held by Escrow Agent, the Deposit shall be invested by Escrow Agent in the following investments (“Approved Investments”): (i) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major money center banking institution reasonably acceptable to Seller and Buyer, (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”, or (iv) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit shall be disposed of by Escrow Agent only as provided in this Agreement.

Escrow Deposit. Within three two (32) business days after of the full execution and delivery of this AgreementEffective Date, Buyer shall deliver Six Million Five Hundred Thousand Dollars $250,000 ($6,500,000) (together with all interest thereon, the “_xe "\"Escrow Deposit\":"_"Initial Escrow Deposit”") to First American Chicago Title Insurance Company, at its offices at 0000 X. Xxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxx XxxxSan Jose, Xxxxxxxxxx, California 95110 Attention: Xxxx XxxxxLxxxx Xxxxxx (which company or such other national title insurance company selected by Buyer within two (2) business days of the Effective Date, which companyand reasonably approved by Seller, in its capacity as escrow holder hereunder, is called “_xe "\"Escrow Holder\":"_"Escrow Holder"). In addition, if Buyer shall deliver the "Approval Notice" prior to the expiration of the "Due Diligence Period", as provided (and defined) in paragraph 4B hereof, Buyer shall concurrently therewith deliver Buyer's check in the amount of $500,000 (the "Additional Escrow Agent”Deposit") to Escrow Holder. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Additional Escrow Deposit shall be applied towards in the Installment Purchase Price form of the first closing of any such portion and the remainder of Buyer's check which shall be held uncashed by the Escrow Holder until such time as the Closing occurs or, pursuant to the terms hereof, Seller notifies Escrow Holder and Buyer that Seller believes in its good faith discretion that it is entitled to the Escrow Deposit. The Initial Escrow Deposit to be made hereunder shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent made by wire transfer of immediately available federal funds or by a bank or cashier’s 's check drawn on a major national bank money center banking institution (or by other delivery of good funds reasonably satisfactory acceptable to Seller. Such amount ), and the amounts so deposited shall be held by Escrow Agent Holder as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers The parties hereto hereby acknowledge that the “Go Hard Notice” (as defined below), prior to the expiration closing of the “Due Diligence Period” transactions hereunder (the "Closing") will occur not later than December 30, 1997, and that the parties will reasonably cooperate to most effectively and efficiently cause the delivery of all sums hereunder so as defined below)to avoid multiple wires or deliveries of funds hereunder. As used herein, then the term "Escrow Deposit" means the Initial Escrow Deposit shall be non-refundable to Buyerand, except as expressly provided in this Agreement. Upon from and after the delivery of good funds, the Go Hard NoticeAdditional Escrow Deposit, a memorandum of this Agreement, together with all interest earned on such deposits while the same are held in the form attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the Countyescrow hereunder. At all times that in which the Escrow Deposit is being held by the Escrow AgentHolder, the Escrow Deposit shall be invested by Escrow Agent Holder in the following investments (“Approved _xe "\"Approved Investments\":"_"Approved Investments”"): (i) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major national money center banking institution reasonably acceptable to Seller and Buyer, (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”Seller, or (iviii) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit shall be disposed of by Escrow Agent Holder only as provided in this Agreement. Notwithstanding anything to the contrary contained herein the Escrow Holder shall not be obligated or entitled to cash the Buyer's check for the Additional Escrow Deposit until such time as the Closing occurs or Seller notifies Escrow Holder and Buyer that Seller believes in its good faith discretion that it is entitled to received the Escrow Deposit pursuant to the terms hereof. In the event that pursuant to the terms hereof Buyer is entitled to the return of the Escrow Deposit, Buyer's check for the Additional Escrow Deposit shall be returned to Buyer uncashed.

Escrow Deposit. Within three (3) business days after Simultaneously with the full execution and delivery of this Agreement, Buyer and Seller shall execute and deliver Six Million Five Hundred Thousand Dollars ($6,500,000) (the “Deposit”) to First American Title Insurance Company, at its offices at 0000 X. Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx, Attention: Xxxx Xxxxx, which company, in its capacity as escrow holder hereunder, is called “an Escrow Agent”. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount shall be held by Escrow Agent as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, a memorandum of this Agreement, Agreement in the form attached hereto as Exhibit A (the “CEscrow Agreement”). In accordance with the Escrow Agreement, Buyer shall, simultaneously with the execution of the Escrow Agreement, deliver One Million Dollars ($1,000,000) (the “Escrow Deposit”) to Commonwealth Land Title Company (the “Escrow Agent”), which amount shall be recorded by Seller and Buyer in the official records of the County. At all times that the Deposit is being held by Escrow Agent, the Deposit shall be invested retained by Escrow Agent in pursuant to the following investments terms and conditions of the Escrow Agreement until the Closing, and the parties shall use commercially reasonable efforts to cause the escrow account to be opened so that the funds delivered can be invested within three (“Approved Investments”): (i3) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major money center banking institution reasonably acceptable to Seller and Buyer, (iii) business days of the Bank execution of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”, or (iv) such other manner as may be reasonably agreed to by Seller and Buyerthis Agreement. The Escrow Deposit shall be disposed disbursed to Seller at Closing by wire transfer of immediately available funds. If this Agreement is terminated prior to Closing for any reason other than due to a breach or default by Buyer in accordance with the provisions of Section 8.1(a)(i), Escrow Agent only as provided shall refund to Buyer the Escrow Deposit and all accrued interest thereon in accordance with the provisions of the Escrow Agreement. If this Agreement is terminated prior to Closing in accordance with the provisions of Section 8.1(a)(i) due to breach or default on the part of Buyer, Escrow Agent shall pay to Seller the Escrow Deposit and shall pay to Buyer all interest accrued thereon in accordance with the provisions of the Escrow Agreement. Interest on the Escrow Deposit prior to Closing shall accrue for the benefit of Buyer, and upon Closing shall be paid to Buyer, provided, that, if Buyer wrongfully withholds the Escrow Deposit from Seller, then at the point the Escrow Deposit are wrongfully withheld, pursuant to the terms of the Escrow Agreement, interest on the Escrow Deposit shall accrue for the benefit of Seller. The parties shall each instruct the Escrow Agent to disburse the Escrow Deposit and all interest thereon to the party entitled thereto and shall not, by any act or omission, delay or prevent any such disbursement.

Escrow Deposit. Within three (3) business days after the full execution and delivery of this AgreementConcurrently herewith, Buyer shall deliver Six Million Five Hundred Thousand Dollars ($6,500,000) 100,000 (the “"Initial Escrow Deposit”") to First American Chicago Title Insurance Company, at its offices at 0000 X. Xxxxx 1000 Xxxxxxxx Xxxxxx, Xxx XxxxSuite 1200, XxxxxxxxxxDenver, Colorado 80202 , Attention: Xxxx Xxxxx, Mej Exxxxxxxx (which company, in its capacity as escrow holder hereunder, is called “"Escrow Agent”Holder"). The DepositIn addition, together with all interest earned thereonif Buyer shall deliver the "Approval Notice" prior to the expiration of the "Due Diligence Period", is referred to herein as provided (and defined) in paragraph 4B hereof, Buyer shall concurrently therewith deliver an additional deposit of $150,000 (the “"Additional Escrow Deposit”") to Escrow Holder. If, pursuant Each deposit to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit be made hereunder shall be applied towards made by Buyer delivering the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered applicable amount to Escrow Agent Holder by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount evidencing good funds and the amounts so deposited shall be held by Escrow Agent Holder as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers As used herein, the “Go Hard Notice” (as defined below), prior to term "Escrow Deposit" shall mean the expiration of the “Due Diligence Period” (as defined below), then the Initial Escrow Deposit and, from and after the deposit thereof, the Additional Escrow Deposit, together with all interest earned on such deposits while the same are held by Escrow Holder hereunder. The amounts deposited hereunder shall be non-refundable to Buyer, except held by Escrow Holder as expressly provided a deposit against the Purchase Price in this Agreement. Upon delivery of accordance with the Go Hard Notice, a memorandum terms and provisions of this Agreement, in the form attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the County. At all times that the Escrow Deposit is being held by the Escrow AgentHolder, the Escrow Deposit shall be invested by Escrow Agent Holder in the following investments (“"Approved Investments”"): (i) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major money center banking institution reasonably acceptable to Seller and Buyer, (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”Seller, or (iviii) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit shall be disposed of by Escrow Agent Holder only as provided in this Agreement.

Escrow Deposit. Within three two (32) business days after following the full execution and delivery of this AgreementEffective Date, Buyer shall deliver Six Million Five Hundred Thousand Dollars (a $6,500,000) 1,000,000.00 irrevocable letter of credit (the “Deposit”"Deposit L/C") in form reasonably acceptable to First American Seller drawn on a major bank reasonably acceptable to Seller to Fidelity National Title Insurance Company, at its offices at 0000 X. 200 Xxxxxxxx Xxxxxxx, Xxxxx Xxxxxx0000, Xxx XxxxXxxxxxx, XxxxxxxxxxXxxxxxx 00000, Attention: Xxxx Xxxxx, Sxxxx X. Xxxxx (which company, in its capacity as escrow holder hereunder, is called “"Escrow Agent”Holder"). Buyer shall at all times keep the Deposit L/C in full force and effect. If Buyer shall fail to renew or extend the Deposit L/C within thirty (30) days of its expiration date (as such expiration date may be extended from time to time), which failure shall not be cured within three (3) business days following delivery of notice from Escrow Holder to Buyer (and in all events not later than five (5) business days prior to its expiration date), Escrow Holder is irrevocably instructed (without further authorization and notwithstanding any objections of Buyer) to draw down such Deposit L/C and to retain the proceeds thereof in escrow hereunder. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars Deposit L/C ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closingproceeds thereof, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent by wire transfer of immediately available federal funds or by bank or cashier’s check if drawn on a national bank reasonably satisfactory to Seller. Such amount hereunder) shall be held by Escrow Agent Holder as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, a memorandum of this Agreement, in the form attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the County. At all times that in which the Escrow Holder is holding the proceeds of the Deposit is being held by Escrow AgentL/C, the Deposit such proceeds shall be invested by Escrow Agent Holder in the following investments (“"Approved Investments”"): (i) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major national money center banking institution reasonably acceptable to Seller and Buyer, (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”Seller, or (iviii) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit L/C, and any proceeds thereof (including any interest thereon), shall be disposed of by Escrow Agent Holder only as provided in this Agreement.

Escrow Deposit. Within three ten (310) business days after the full execution and delivery -------------- of this Agreement by all Parties, Buyer will deposit with Media Services Group, Inc. ("Xxxxxxx Money Escrow Agent"), an irrevocable letter of credit in the amount of Two Hundred Thirty Five Thousand Dollars ($235,000.00) (the "Xxxxxxx Money Escrow Deposit"). The Xxxxxxx Money Escrow Deposit shall be held and disbursed by Xxxxxxx Money Escrow Agent pursuant to the terms of the Xxxxxxx Money Escrow Agreement, appended hereto as Exhibit 14.1 (the "Xxxxxxx Money Escrow Agreement"), which Xxxxxxx Money Escrow Agreement has been entered into by the Seller, Buyer and Xxxxxxx Money Escrow Agent. At closing, the Xxxxxxx Money Escrow Deposit, shall be returned to Buyer. If the Closing does not occur because Buyer materially breached this Agreement or defaulted in the performance of any of its material obligations hereunder and Seller has not breached this Agreement or defaulted in the performance of any of its material obligations hereunder, Buyer and Seller shall execute written instructions to the Xxxxxxx Money Escrow Agent directing it to deliver the Xxxxxxx Money Escrow Deposit to Seller as liquidated damages, as provided in Section 14.2. If the Closing does not occur because Seller materially breached this Agreement or defaulted in the performance of any of its material obligations hereunder and Buyer has not breached this Agreement or defaulted in the performance of any of its material obligations hereunder, Buyer and Seller shall execute written instructions to the Xxxxxxx Money Escrow Agent directing it to deliver the Xxxxxxx Money Escrow Deposit to Buyer and Buyer may seek specific performance of this Agreement, Buyer shall deliver Six Million Five Hundred Thousand Dollars ($6,500,000) (the “Deposit”) to First American Title Insurance Company, at its offices at 0000 X. Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx, Attention: Xxxx Xxxxx, which company, in its capacity as escrow holder hereunder, is called “Escrow Agent”. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount shall be held by Escrow Agent as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, a memorandum of this Agreement, in the form attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the County. At all times that the Deposit is being held by Escrow Agent, the Deposit shall be invested by Escrow Agent in the following investments (“Approved Investments”): (i) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major money center banking institution reasonably acceptable to Seller and Buyer, (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”, or (iv) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit shall be disposed of by Escrow Agent only as provided in this Agreement.Section 14.3

Escrow Deposit. Within three ten (310) business calendar days after the full execution and delivery of this AgreementEffective Date (as defined in Section 4.1.1 below), Buyer shall deliver Six Million Five Hundred Thousand Dollars the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($6,500,000) (the “Deposit”500,000.00) to First American Title Insurance Company, Company at its offices at 0000 X. Xxxxx 800 Xxxxxxx Xxxxxx, Xxx XxxxXxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxx 00000- Attention: Xxxx XxxxxLxxx Xxxxxxxx; Telephone No. (000) 000-0000, which company, in its capacity as escrow holder hereunder, is called “Escrow Agent”. The Deposit” (this amount, together with all interest earned thereon, is are collectively herein called the “Initial Escrow Deposit”). If Buyer does not terminate this Agreement prior to the expiration of the Due Diligence Period (as hereinafter defined), then on or prior to the last day of the Due Diligence Period, Buyer shall deposit an additional Five Hundred Thousand Dollars ($500,000.00) (the “Additional Escrow Deposit”) with Escrow Agent; the Initial Escrow Deposit and, if made, the Additional Escrow Deposit (as hereinafter defined), together with all interest earned thereon, are referred to herein collectively in this Agreement as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount The Escrow Deposit shall be held by Escrow Agent as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, a memorandum of this Agreement, in the form attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the County. At all times that the Escrow Deposit is being held by the Escrow Agent, the Escrow Deposit shall be invested by Escrow Agent in the following investments (“Approved Investments”): (i) United States Treasury obligations, (ii) United States Treasury-backed repurchase agreements issued by a major national money center banking institution reasonably acceptable to Seller and Buyer, or (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”, or (iv) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit shall be disposed of by Escrow Agent only as provided in this Agreement.

Escrow Deposit. Within three (3) business days after Upon the full execution and delivery of this Agreement, Buyer shall deliver Six Million Five Hundred Thousand Dollars ($6,500,000) (the “Deposit”) to First American Title Insurance Company, at its offices at 0000 X. Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx, Attention: Xxxx Xxxxx, which company, in its capacity as escrow holder hereunder, is called “Escrow Agent”. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions effectiveness of the Property Assignment, (i) the Company and each New Commitment Party shall automatically be deemed to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied have released their respective signature pages to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final Closing”). The Escrow Deposit shall be delivered to Escrow Agent by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount shall be held by Escrow Agent as a deposit against the Purchase Price or Installment Purchase Price in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” Joinder Agreement (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then in the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, a memorandum of this Agreement, in the form ) attached hereto as Exhibit “C”, shall be recorded by Seller and Buyer in the official records of the County. At all times that the Deposit is being held by Escrow Agent, the Deposit shall be invested by Escrow Agent in the following investments (“Approved Investments”): (i) United States Treasury obligationsSchedule 7, (ii) United States Treasury-backed repurchase agreements issued by a major money center banking institution reasonably acceptable the Company and Barclays shall automatically be deemed to Seller have released their respective signature pages to the Joint Escrow Distribution Notices attached hereto as Schedule 8A, and Buyer, (iii) the Bank Company and each AHG Commitment Party shall automatically be deemed to have released their respective signature pages to the Joint Escrow Distribution Notice attached hereto as Schedule 8B, in each case, with such changes as may reasonably be required by the Escrow Agent (and consented to by Barclays and the Majority Ad Hoc Group Parties, as applicable, such consent not to be unreasonably withheld, conditioned or delayed) to give effect to the intended distributions as described therein. For the avoidance of America money market fund that invests doubt, the intended purpose of the Joinder Agreement is to join the New Commitment Parties to the Escrow Agreement and the intended purpose of the Joint Escrow Distribution Notices is to instruct the escrow agent identified therein to (a) deposit funds from the New Commitment Party Escrow Account of each respective New Commitment Party into Escrow Accounts established for each such New Commitment Party in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares the amounts set forth in Schedule 3 attached hereto and (symbol NTRDX)”b) distribute the balance of the funds in each of the New Commitment Party Escrow Accounts to the New Commitment Party (or Affiliate thereof) in whose name such New Commitment Party Escrow Account was established. In the event the Escrow Agent does not accept one or more of the Joinder Agreements or the Joint Escrow Distribution Notices delivered to it pursuant to the immediately preceding sentence, or (ivdoes not promptly effectuate all the distributions and other transactions contemplated thereby, the Company and the New Commitment Parties shall cooperate in good faith and use commercially reasonable efforts to cause the Escrow Agent to accept such Joinder Agreement(s) such or Joint Escrow Distribution Notice(s), as applicable, and effectuate all the distributions and other manner transactions contemplated thereby as may be reasonably agreed to by Seller and Buyerpromptly as practicable. The Escrow Deposit Such deposits shall be disposed deemed deposits made under the Investment Agreement and subject to the terms of the Investment Agreement and the Escrow Agreement; provided, however, that notwithstanding anything in the Investment Agreement to the contrary, no Debt Commitment Party or Equity Commitment Party Transferring the Investment Interests to the New Commitment Parties pursuant to this Assignment shall be eligible to withdraw any amounts currently deposited in its Escrow Account as a result of the Transfer of the Investment Interests or the corresponding deposits made by Escrow Agent only as provided the New Commitment Parties in accordance with this Agreement.Section 2(e). For the avoidance of doubt,

Escrow Deposit. Within three (3) business days On or before the date that is one Business Day after the full execution date on which this Agreement is executed and delivery of this Agreementdelivered by both Seller and Buyer, Buyer shall deliver Six Million Five Hundred Thousand Dollars ($6,500,000) (the “Deposit”) Escrow Deposit to First American Title Insurance Company, at its offices at 0000 X. Xxxxx X Xxxxxx, Xxx XxxxXX, Xxxxx 000X, Xxxxxxxxxx, X.X. 00000, Attention: Xxxx Xxxxx, Xxxxxx Fuchtenberg (which company, in its capacity as escrow holder hereunder, is called “Escrow Agent”. The Deposit, together with all interest earned thereon, is referred to herein as the “Escrow Deposit”. If, pursuant to Section 5 below, Seller elects to convey portions of the Property to Buyer in more than one conveyance, then One Million Five Hundred Thousand Dollars ($1,500,000) of the Escrow Deposit shall be applied towards the Installment Purchase Price of the first closing of any such portion and the remainder of the Escrow Deposit shall be applied to the Installment Purchase Price of the final closing, upon which Buyer shall have acquired all of the Property (the “Final ClosingHolder”). The Escrow Deposit shall be delivered to Escrow Agent Holder by wire transfer of immediately available federal funds or by bank or cashier’s check drawn on a national bank reasonably satisfactory to Seller. Such amount The Escrow Deposit shall be held by Escrow Agent Holder as a deposit against the Purchase Price or Installment Purchase Price Price, and shall be invested by Escrow Holder, in accordance with the terms and provisions of this Agreement. If Buyer delivers the “Go Hard Notice” (as defined below), prior to the expiration of the “Due Diligence Period” (as defined below), then the Escrow Deposit shall be non-refundable to Buyer, except as expressly provided in this Agreement. Upon delivery of the Go Hard Notice, and a memorandum of this Agreement, separate escrow agreement in the form of Exhibit “D” attached hereto as Exhibit “C”and dated the date hereof by and among Buyer, shall be recorded by Seller and Buyer in Escrow Agent (the official records of the County“Interim Deposit Agreement”). At all times that the Escrow Deposit is being held by the Escrow AgentHolder, the Escrow Deposit shall be invested by Escrow Agent Holder in the following investments (“Approved Investments”): (i) United States Treasury obligations, (ii) United States Treasury-Treasury backed repurchase agreements issued by a major money center banking institution reasonably acceptable to Seller and Buyer, (iii) the Bank of America money market fund that invests in U.S. Treasury securities known as “Nations Treasury Reserves - Daily Shares (symbol NTRDX)”, ” or (iv) such other manner as may be reasonably agreed to by Seller and Buyer. The Escrow Deposit shall be disposed of by Escrow Agent Holder only as provided in this Agreement. All accrued interest on the Escrow Deposit shall become part of the Escrow Deposit.