Common use of Initial Share Deposits Clause in Contracts

Initial Share Deposits. Simultaneously with the effectiveness of this Agreement, SpaceDev shall deliver to the Escrow Agent, on behalf of the Shareholders and for the benefit of the Parent Indemnified Parties, including as beneficiaries and secured parties, (i) stock certificates evidencing the number of shares of SpaceDev Common Stock as determined in accordance with Section 2.17(a) of the Merger Agreement, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee and containing the restrictive legend set forth on Exhibit C, for deposit in the Escrow Account as security for the Parent Indemnified Parties, as further provided herein; and (ii) stock certificates evidencing the number of shares of SpaceDev Common Stock as determined in accordance with Section 2.18(a) of the Merger Agreement, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee and containing the restrictive legend set forth on Exhibit C, for deposit in the Expense Fund for the payment of certain fees and expenses of the Shareholder Agent, as further provided herein. The shares of SpaceDev Common Stock held in the Escrow Account from time to time shall collectively be referred to as the "ESCROW SHARES," and the shares of SpaceDev Common Stock held in the Expense Fund from time to time shall be referred to as the "EXPENSE SHARES".

Initial Share Deposits. Simultaneously with the effectiveness of this Agreement, SpaceDev DGSE shall deliver to the Escrow Agent, on behalf of the Shareholders Stockholders and for the benefit of the Parent Indemnified Parties, including as beneficiaries and secured parties, (i) stock certificates evidencing the number of shares of SpaceDev DGSE Common Stock as determined in accordance with Section 2.17(a3.14(a) of the Merger Agreement, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee nominee, and containing the restrictive legend set forth on Exhibit C, for deposit in the Escrow Account as security for the Parent Indemnified Parties, as further provided herein; . Upon the exercise of the XxXxxxxx Warrant, DGSE shall deliver to the Escrow Agent, on behalf of XxXxxxxx and (ii) for the benefit of the Indemnified Parties, including as beneficiaries and secured parties, stock certificates evidencing the number of shares of SpaceDev DGSE Common Stock as determined in accordance with Section 2.18(a) 6 of the Merger AgreementXxXxxxxx Warrant, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee nominee, and containing the restrictive legend set forth on Exhibit C, for deposit in the Expense Fund Escrow Account as security for the payment of certain fees and expenses of the Shareholder AgentIndemnified Parties, as further provided herein. The shares of SpaceDev DGSE Common Stock held in the Escrow Account from time to time shall collectively be referred to as the "ESCROW SHARES," and the shares of SpaceDev Common Stock held in the Expense Fund from time to time shall be referred to as the "EXPENSE SHARES"“Escrow Shares”.

Initial Share Deposits. Simultaneously with the effectiveness of this Agreement, SpaceDev DGSE shall deliver to the Escrow Agent, on behalf of the Shareholders Stockholders and for the benefit of the Parent Indemnified Parties, including as beneficiaries and secured parties, (i) stock certificates evidencing the number of shares of SpaceDev DGSE Common Stock as determined in accordance with Section 2.17(a3.14(a) of the Merger Agreement, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee nominee, and containing the restrictive legend set forth on Exhibit C, for deposit in the Escrow Account as security for the Parent Indemnified Parties, as further provided herein; . Upon the exercise of the XxXxxxxx Warrant, DGSE shall deliver to the Escrow Agent, on behalf of XxXxxxxx and (ii) for the benefit of the Indemnified Parties, including as beneficiaries and secured parties, stock certificates evidencing the number of shares of SpaceDev DGSE Common Stock as determined in accordance with Section 2.18(a) 6 of the Merger AgreementXxXxxxxx Warrant, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee nominee, and containing the restrictive legend set forth on Exhibit C, for deposit in the Expense Fund Escrow Account as security for the payment of certain fees and expenses of the Shareholder AgentIndemnified Parties, as further provided herein. The shares of SpaceDev DGSE Common Stock held in the Escrow Account from time to time shall collectively be referred to as the "ESCROW SHARES," and the shares of SpaceDev Common Stock held in the Expense Fund from time to time shall be referred to as the "EXPENSE SHARESEscrow Shares".

Initial Share Deposits. Simultaneously with the effectiveness of this Agreement, SpaceDev DGSE shall deliver to the Escrow Agent, on behalf of the Shareholders Stockholders and for the benefit of the Parent Indemnified Parties, including as beneficiaries and secured parties, (i) stock certificates evidencing the number of shares of SpaceDev DGSE Common Stock as determined in accordance with Section 2.17(a3.14(a) of the Merger Agreement, issued in the name of the Escrow Agent, in its capacity as escrow agent hereunder, or its nominee nominee, and containing the restrictive legend set forth on Exhibit C, for deposit in the Escrow Account as security for the Parent Indemnified Parties, as further provided herein; . Upon the exercise of the DiGenova Warrant, DGSE shall deliver to the Escrow Agent, on behalf ox XxXxxxva and (ii) for the benefit of the Indemnified Parties, including ax xxxxxxciaries and secured parties, stock certificates evidencing the number of shares of SpaceDev DGSE Common Stock as determined in accordance with Section 2.18(a) 6 of the Merger AgreementDiGenova Warrant, issued in the name of the Escrow Agent, in its capacity xxxxxxxy as escrow agent hereunder, or its nominee nominee, and containing the restrictive legend set forth on Exhibit C, for deposit in the Expense Fund Escrow Account as security for the payment of certain fees and expenses of the Shareholder AgentIndemnified Parties, as further provided herein. The shares of SpaceDev DGSE Common Stock held in the Escrow Account from time to time shall collectively be referred to as the "ESCROW SHARES," and the shares of SpaceDev Common Stock held in the Expense Fund from time to time shall be referred to as the "EXPENSE SHARESEscrow Shares".