Escrowed Amounts. (i) On the Aleris Incremental Escrow Date, subject to the satisfaction of the conditions precedent set forth in Section 5 of the Aleris Increase Joinder Amendment, each Aleris Incremental Term Lender shall, severally and not jointly, make an Aleris Incremental Term Loan in Dollars to Novelis Acquisitions by depositing or causing to be deposited with the Escrow Agent in the Escrow Account an amount, in immediately available funds, equal to such Aleris Incremental Lender’s pro rata share (as a percentage of the aggregate Aleris Incremental Term Loan Commitments of all Aleris Incremental Term Lenders on such date immediately prior to giving effect to such funding) of the aggregate amount of Aleris Incremental Term Loans requested by Novelis Acquisitions to be borrowed pursuant to the Borrowing Request in respect thereof, which pro rata share shall not exceed such Aleris Incremental Term Lender’s Aleris Incremental Term Loan Commitment on the Aleris Incremental Escrow Date; provided that, at the option of the Designated Company as set forth in the Borrowing Request, some or all of the fees payable pursuant to the Fee Letters may be paid by netting the fees payable to the applicable Aleris Incremental Term Lender against the amount of the Aleris Incremental Term Loans required to be funded by such Aleris Incremental Term Lender.
(ii) Prior to 11:59 p.m. London Time on the Escrow Date, the Administrative Agent shall deliver written notice to the Designated Company and the Aleris Incremental Term Lenders, which notice shall list the amount that the Escrow Agent has advised that it has received into the Escrow Account from each Lender on the Escrow Date, as well as the total Escrowed Amount on deposit in the Escrow Account (to the extent that the Escrow Agent has internally confirmed receipt of such amounts from such Aleris Incremental Term Lenders in the Escrow Account 137 based on the funding schedule attached to the Borrowing Request). The Escrow Agent shall (x) hold the Escrowed Amounts in the Escrow Account during the Escrow Period, and (y) distribute the Escrowed Amounts in accordance with the terms and conditions of this Section 2.21 and the Aleris Increase Joinder Amendment.
(iii) The Escrowed Amounts shall not be invested by the Escrow Agent during the Escrow Period, and, except for interest accruing for the benefit of the Aleris Incremental Term Lenders and payable by the applicable Loan Parties pursuant to clause (c) below and the other terms of this Ag...
Escrowed Amounts. (i) On the Escrow Date, subject to the satisfaction of the conditions precedent set forth in Section 4.02, each Lender shall, severally and not jointly, make a Term Loan in Dollars to the Borrower by depositing or causing to be deposited with the Escrow Agent in the Escrow Account an amount, in immediately available funds, equal to such Lender’s pro rata share (as a percentage of the aggregate Term Loan Commitments of all Lenders on such date immediately prior to giving effect to such funding) of the aggregate amount of Term Loans requested by the Borrower to be borrowed pursuant to the Borrowing Request in respect thereof, which pro rata share shall not exceed such Lender’s Term Loan Commitment on the Escrow Date; provided that, at the option of the Designated Company as set forth in the Borrowing Request, some or all of the fees payable pursuant to the Fee Letters may be paid by netting the fees payable to the applicable Lender against the amount of the Term Loans required to be funded by such Lender.
Escrowed Amounts. Not later than one Business Day following the receipt of any Escrowed Amounts by any Company, Borrower shall apply, with respect to the first $20,000,00 of Escrowed Amounts received by any Company, 100% of such Escrowed Amounts to make prepayments in accordance with Sections 2.10(h) and thereafter, 50% of such Escrowed Amounts to make prepayments in accordance with Sections 2.10(h);
Escrowed Amounts. The Buyers have deposited Fifty Thousand Dollars ($50,000) (the “Escrow Amount”) into an escrow account with XxxXxxxxx Law Offices (the “Initial Escrow Agent”) and have entered into an escrow agreement with the Seller dated October 16, 2009 (the “Initial Escrow Agreement”), attached hereto as Exhibit A. Pursuant to the Initial Escrow Agreement, the Initial Escrow Agent will hold the Escrow Amount in trust for the benefit of the Buyers until returned to the Buyers or delivered to the Sellers as herein required. The Escrow Amount will be considered a portion of the Purchase Price (as defined below) and will be delivered as set forth in the Initial Escrow Agreement and this Section 2. If this Agreement is terminated, then in accordance with the Initial Escrow Agreement, the Initial Escrow Agent will immediately return the Escrowed Amount to the Buyers, less the bank’s standard wire transfer charge.
Escrowed Amounts. Twenty (20%) of any amounts payable to Employee (the ---------------- "Escrowed Amounts") pursuant to the 1999 Bonus and the Premium Bonus, if any, shall be delivered into an escrow fund pursuant to the terms of the Escrow Agreement dated of even date hereof by and among NaviSite, the Member Representative (as the term is defined in the Escrow Agreement) and the escrow agent named therein.
Escrowed Amounts. The Buyer has deposited Fifty Thousand Dollars ($50,000.00) (the "Escrow Amount") as part of the Purchase Price into escrow with the Seller's counsel (the "Escrow Agent"). The Escrow Agent, pursuant to that certain escrow agreement between the Buyer, Seller and Escrow Agent dated June 16, 2004 ("Escrow Agreement") shall hold the Escrow Amount until the escrowed amount is released as provided in the Escrow Agreement.
Escrowed Amounts. Not later than one Business Day following the receipt of any Escrowed Amounts by any Company, Borrower shall apply 50% of such Escrowed Amounts to make prepayments in accordance with Sections 2.10(h).
Escrowed Amounts. The parties hereto acknowledge that the Purchase Price Holdback Amount and the Meyerowitz Escrow Amount, are being held for the benefit of the Vendors to the extent of the Vendors’ interest in such amounts as provided hereunder, and do not constitute the Purchaser’s funds for any purpose except in accordance with the terms of this Agreement, the Purchase Price Escrow Agreement, if any, the Instrument, if any, and the Meyerowitz Escrow Agreement.
Escrowed Amounts. Subject to the terms of Section 2.10(i) below, not later than one Business Day following the receipt of any Escrowed Amounts by any Company, Borrower shall apply 50% of such Escrowed Amounts to make prepayments in accordance with Sections 2.10(h);
Escrowed Amounts. During the period following the Closing Date and ending ninety days (90) days following the Closing Date (the “Document Recovery Period”), each of the Seller, the Series Administrator and the Note Purchaser shall in good faith attempt to resolve all issues with respect to the purchase under this Agreement of all Document Defective Loans that were deemed to have been conditionally accepted for purchase at Closing pursuant to Section 3.02(a) on account of Missing Material Loan Documents. At the end of the Document Recovery Period:
(i) for each Document Defective Loan with respect to which any Missing Material Loan Document shall not have been delivered to the Custodian on behalf of the Trust (or its designee) to its reasonable satisfaction, such Document Defective Loan shall be deemed not to have been purchased by the Trust, and (A) any Purchase Price (without interest) allocable to such Document Defective Loan that is on deposit in the Escrow Account shall, promptly following the termination of the Document Recovery Period and pursuant to the Escrow Agreement, be paid to the Indenture Trustee on behalf of the Noteholders, from the Escrow Account and (B) any amounts actually collected by (or on behalf of) the Trust with respect to such Document Defective Loan during the period between the Closing Date and the end of the Document Recovery Period (to the extent not previously returned to Seller) shall be paid by the Trust to the Seller; and
(ii) for each Document Defective Loan with respect to which each Missing Material Loan Document shall have been delivered to the Custodian on behalf of the Trust to its reasonable satisfaction, such Document Defective Loan shall be deemed to have been purchased by the Trust, and any Purchase Price (without interest) allocable to such Document Defective Loan that is on deposit in the Escrow Account shall, promptly following the termination of the Document Recovery Period and pursuant to the Escrow Agreement, be paid to the Seller from the Escrow Account. Document Defective Loans that are purchased as a result of this Section 1.04(h) shall be deemed for all purposes under this Agreement as if they had been purchased at Closing, while Document Defective Loans that ultimately are not purchased as a result of the conclusion of the Document Recovery Period due to failed delivery of all Missing Material Loan Documents shall be deemed never to have been purchased by the Trust under this Agreement.
