Fees and Expenses of Escrow Agent. In the event the Deposited Funds do not equal or exceed the Minimum Escrow Deposit before the Termination Date the Escrow Agent shall be entitled to a fee of Twenty Dollars ($20.00) per purchaser, which fees shall be paid from interest on the escrow account only and not from principal. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement as set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's services as contemplated by this Agreement; PROVIDED, HOWEVER, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAE, but not from the escrow account.
Appears in 6 contracts
Samples: Escrow Agreement (East Kansas Agri Energy LLC), Escrow Agreement (East Kansas Agri Energy LLC), Escrow Agreement (East Kansas Agri Energy LLC)
Fees and Expenses of Escrow Agent. In MinnErgy agrees to pay the event Escrow Agent the Deposited Funds do not equal or exceed fees specified in the Minimum Escrow Deposit before Agent’s fee schedule attached hereto as Exhibit A, in the Termination Date manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that MinnErgy shall be solely responsible for the payment of such fees and the Escrow Agent shall be entitled to a fee not seek payment of Twenty Dollars ($20.00) per purchaser, which the fees shall be paid from investors or apply any principal deposited by investors in the escrow account or interest on the escrow account only and not from principalagainst such fees. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement as set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's ’s services as contemplated by this Agreement; PROVIDEDprovided, HOWEVERhowever, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's ’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEMinnErgy, but not from the escrow account.
Appears in 5 contracts
Samples: Escrow Agreement (Minnergy LLC), Escrow Agreement (Minnergy LLC), Escrow Agreement (Minnergy LLC)
Fees and Expenses of Escrow Agent. In the event the Deposited Funds do not equal or exceed the Minimum Escrow Deposit before the Termination Date the The Escrow Agent shall be entitled to a fee of Twenty Dollars ($20.00) per purchasercompensation as described in Exhibit C attached hereto, which fees shall be promptly paid from interest on by the escrow account only and not from principal. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement Company at such time or times as set forth in paragraph 5 herein is therein, until the termination of this Agreement or the resignation or removal of the Escrow Agent, for the services provided by Escrow Agent hereunder. The fees agreed upon for services rendered hereunder are intended as full consideration compensation for the Escrow Agent's ’s services as contemplated by this Agreement; PROVIDEDprovided, HOWEVERhowever, that in the event the Escrow Agent performs any service not specifically provided hereinabove at the request of the Company or renders any material service not contemplated in this Agreement Agreement, or there is any assignment or attachment of any interest in the subject matter of this Agreement, or any material modification hereof; , or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's ’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEthe Company, but not from the escrow accountEscrow Account.
Appears in 3 contracts
Samples: Escrow Agreement (Blackhawk Biofuels, LLC), Escrow Agreement (Blackhawk Biofuels, LLC), Escrow Agreement (Blackhawk Biofuels, LLC)
Fees and Expenses of Escrow Agent. In The Company agrees to pay the event Escrow Agent the Deposited Funds do fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid by the Company and not equal from interest on the Escrow Account or exceed from the Minimum Escrow Deposit before principal. The Company shall be solely responsible for the Termination Date payment of such fees, and the Escrow Agent shall be entitled to a fee not seek payment of Twenty Dollars ($20.00) per purchaser, which the fees shall be paid from subscribers or apply any interest on or principal deposited by subscribers in the escrow account only and not from principalEscrow Account against such fees. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement as set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's ’s services as contemplated by this Agreement; PROVIDEDprovided, HOWEVERhowever, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's ’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEthe Company, but not from the escrow accountEscrow Account.
Appears in 3 contracts
Samples: Escrow Agreement (Amaizing Energy Holding Company, LLC), Escrow Agreement (Amaizing Energy Holding Company, LLC), Escrow Agreement (Amaizing Energy Holding Company, LLC)
Fees and Expenses of Escrow Agent. In the event the Deposited Funds do not equal or exceed the Minimum Escrow Deposit before the Termination Date Agent disburses funds to GFCEP pursuant to Section 7D above, the Escrow Agent shall be entitled to deduct from the funds so disbursed a fee of Twenty Dollars ($20.00) per purchaser, which fees shall be paid from interest on the escrow account only and not from principal. The This fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement institutional money market account as set forth in paragraph Section 5 herein is intended as full consideration for the Escrow Agent's services as contemplated by this Agreement; PROVIDED, HOWEVER, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEGFCEP, but not from the escrow account.
Appears in 2 contracts
Samples: Escrow Agreement (Granite Falls Community Ethanol Plant LLC), Escrow Agreement (Granite Falls Community Ethanol Plant LLC)
Fees and Expenses of Escrow Agent. In the event the Deposited Funds do not equal or exceed the Minimum Escrow Deposit before the Termination Date the Escrow Agent shall be entitled to a fee of Twenty Dollars ($20.00) 10.00 per purchaser, which fees shall be paid from interest on the escrow account only and not from principal. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement as investment set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's ’s services as contemplated by this Agreement; PROVIDEDprovided, HOWEVERhowever, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's ’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEE Energy Axxxx, but not from the escrow account.
Appears in 1 contract
Fees and Expenses of Escrow Agent. In Highwater Ethanol agrees to pay the event Escrow Agent the Deposited Funds do not equal or exceed fees specified in the Minimum Escrow Deposit before Agent’s fee schedule attached hereto as Exhibit A, in the Termination Date manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that Highwater Ethanol shall be solely responsible for the payment of such fees and the Escrow Agent shall be entitled to a fee not seek payment of Twenty Dollars ($20.00) per purchaser, which the fees shall be paid from investors or apply any principal deposited by investors in the escrow account or interest on the escrow account only and not from principalagainst such fees. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement as set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's ’s services as contemplated by this Agreement; PROVIDEDprovided, HOWEVERhowever, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's ’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEHighwater Ethanol, but not from the escrow account.
Appears in 1 contract
Fees and Expenses of Escrow Agent. In the event the Deposited Funds do not equal or exceed the Minimum Escrow Deposit before the Termination Date Date, the Escrow Agent shall be entitled to a fee of Twenty Dollars ($20.00) per purchaser, which fees shall be paid from interest on the escrow account only and not from principal. The fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement institutional money market account as set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's services as contemplated by this Agreement; PROVIDED, HOWEVER, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEGFCEP, but not from the escrow account.
Appears in 1 contract
Samples: Escrow Agreement (Granite Falls Community Ethanol Plant LLC)
Fees and Expenses of Escrow Agent. In the event the Deposited Funds do not equal or exceed the Minimum Escrow Deposit before the Termination Date Agent disburses funds to GFCEP pursuant to Section 7C above, the Escrow Agent shall be entitled to deduct from the funds so disbursed a fee of Twenty Dollars ($20.00) per purchaser, which fees shall be paid from interest on the escrow account only and not from principal. The This fee agreed upon in the event of termination of the escrow without the required Minimum Escrow Deposit and the continued deposit of said escrow in the Repurchase Agreement institutional money market account as set forth in paragraph 5 herein is intended as full consideration for the Escrow Agent's services as contemplated by this Agreement; PROVIDED, HOWEVER, that in the event the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof; or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from EKAEGFCEP, but not from the escrow account.
Appears in 1 contract
Samples: Escrow Agreement (Granite Falls Community Ethanol Plant LLC)