Escrow Ledger. Escrow Agent shall maintain, and make available to Buyer or any of the Shareholders upon request during regular business hours, a ledger setting forth (a) the amount of the Escrow Account and the number and type of each security held in the Xxxxxx Xxxx, (x) all payments and distributions of Escrowed Shares from the Escrow Fund pursuant to Section 5 hereof, and (c) with respect to distributions made to Buyer pursuant to this Agreement, a record of the claim and the amount of such claim underlying such distribution.
Escrow Ledger. The Escrow Agent shall create and maintain a written record (the "Escrow Ledger") of: (1) each Company Equity Participant's name and address; (2) each such person's Equityholder's Proportionate Interest; (2) each Company Equity Participant's proportionate interest in the Contingent Portion of the Escrow Fund; (3) each such person's Equityholder's Proportionate Interest in the Indemnity Portion of the Escrow Fund subject to pending claims; (4) the Indemnity Portion of the Escrow Fund released to Parent in satisfaction of claims in accordance with Section 9 of the Merger Agreement; and (5) an account of the Indemnity Portion of the Escrow Fund released to each Company Equity Participant on a Release Date. The Escrow Ledger shall also reflect the total number of Deposited Shares and property remaining in the Escrow Fund. The Escrow Agent shall adjust the Escrow Ledger to reflect changes in each Company Equity Participant's interest in the Deposited Shares. Absent manifest error, all of the Escrow Agent's determinations as to the Escrow Ledger shall be binding and conclusive on all parties to this Agreement. Adjustments to the Ledger shall include, but are not limited to, the following: the Escrow Agent shall adjust the Escrow Ledger to reflect the issuance of Milestone Payments. the Escrow Agent shall deduct the portion of the Indemnity Portion of the Escrow Fund that are charged and allocated to each Company Equity Participant's account in satisfaction of claims by Parent or Parent Indemnified Person(s) made in accordance with Section 9.5 of the Merger Agreement.
Escrow Ledger. The Escrow Agent shall create and maintain a written record of each Shareholder's interest in the Escrow shares (the "ESCROW LEDGER"). The Escrow Agent shall adjust the Escrow Ledger to reflect changes in each Shareholder's interests in the Escrow Shares. This duty will continue until the Escrow Agent is required to deliver each Shareholder's Escrow Shares pursuant to Section 2.3. Absent manifest error, all of the Escrow Agent's determinations as to the Escrow Ledger shall be binding and conclusive on all parties to this Agreement. Adjustments to the Escrow Ledger shall include, but are not limited to, the following:
Escrow Ledger. The Escrow Agent shall maintain a ledger (the "Escrow Ledger") setting forth (i) the amount of the Letter of Credit held by the Escrow Agent; (ii) the extent the Letter of Credit has been drawn upon; and (iii) all income or other items added to and distributiors from or other items charged against the Escrow Fund.
Escrow Ledger. The Escrow Agent shall maintain a ledger (the ------------- "Escrow Ledger") setting forth (i) the name and address of CAPREIT and Dominium; (ii) the identity of investments of the Escrow Fund; (iii) all income or other items added to and distributions from or other items charged against the Escrow Fund; and (iv) with respect to any distribution pursuant to this Escrow Agreement, the provisions of this Escrow Agreement pursuant to which such distribution has been made. The Escrow Agent shall make the Escrow Ledger available or will provide a copy thereof to CAPREIT or Dominium, as reasonably requested by either of them.
Escrow Ledger. The Escrow Agent shall create and maintain a written record (the “Escrow Ledger”) of (a) the Escrow Shares initially deposited, (b) the amount of Escrow Shares distributed in respect of an Uncontested Claim, (c) the amount of Escrow Shares subject to a pending Contested Claim, and (d) the amount of Escrow Shares distributed to the Escrow Depositors. Absent manifest error, all of the Escrow Agent’s determinations as to the Escrow Ledger shall be binding and conclusive on all parties to this Agreement.
Escrow Ledger. The Escrow Agent shall maintain and deliver to the Sellers and Purchaser upon their respective request copies of a record of account for the Escrow Fund (which may be in the form of standard bank statements).
Escrow Ledger. The Escrow Agent shall create and maintain a written record of: (i) each Holder’s name and address; (ii) each Holder’s interest in the Escrow Fund by number of Shares; (iii) each Holder’s interest in other assets held in the Escrow Fund; (iv) each Holder’s percentage interest in the total number of Shares; (v) each Holder’s interest in the number of Shares subject to pending contested Claims (defined in Section 5); and (vi) Shares to be released to each Holder on the Release Date. The escrow ledger shall also reflect the total number of Shares remaining in the Escrow Fund. The Escrow Agent shall adjust the escrow ledger from time to time to reflect changes in each Holder’s interest in the Shares and Escrow Fund, to account for any changes in the capitalization of the Company or to account for pending contested Claims or satisfaction of such Claims. This duty will continue until the Escrow Agent is required to deliver or release all funds and Shares from the Escrow Fund. Absent manifest error, Escrow Agent’s determinations as to the escrow ledger shall be binding and conclusive on all parties to this Agreement.
Escrow Ledger. The Indemnity Escrow Agent shall maintain account records setting forth (i) the amount and date of all funds deposited in the Escrow Account, (ii) all interest earned on and all items charged against the Escrowed Funds, and (iii) the amount, date and recipient of any disbursement, release or withdrawal from the Escrowed Funds pursuant to § 4 below. The Indemnity Escrow Agent shall provide to Seller and Purchaser, if so requested, reports at least quarterly setting forth the information described in this section, if such information materially changes from the last report.
Escrow Ledger
