Minimum Offering Amount. Subject to the provisions of Section 10 hereof, Escrow Agent shall pay to Company the liquidated value of the Cash Investments (excluding, however, any interest or other earnings on Cash Investments), by certified or bank check or by wire transfer, no later than three (3) days following receipt of the following documents: (1) A Minimum Offering Notice; (2) A Subscription Accounting, substantiating the sale of the Minimum Offering; (3) The documents described on Exhibit B attached hereto and incorporated herein by reference; and (4) Such other certificates, notices or other documents as Escrow Agent shall reasonably require. Notwithstanding the foregoing, Escrow Agent shall not be obligated to disburse the Escrow Funds to Company if Escrow Agent has grounds to believe that (a) Cash Investment Instruments in full payment for that number of Units equal to or greater than the Minimum Offering have not been received, deposited with and collected by the Escrow Agent, or (b) any of the certifications and opinions set forth in the documents described in Exhibit B attached hereto are incorrect or incomplete. After the initial disbursement of Escrow Funds to Company pursuant to this Section 4(a), Escrow Agent shall pay to Company any additional funds received with respect to the Units, by certified or bank check or wire transfer, no later than fifteen (15) business days after receipt.
Appears in 13 contracts
Samples: Escrow Agreement, Escrow Agreement (Apple REIT Seven, Inc.), Escrow Agreement (Apple Reit Six Inc)
Minimum Offering Amount. Subject to the provisions of Section 10 hereof, Escrow Agent shall pay to Company the liquidated value of the Cash Investments (excluding, however, any interest or other earnings on Cash Investments), by certified or bank check or by wire transfer, no later than three (3) days following receipt of the following documents:
(1) A Minimum Offering Notice;
(2) A Subscription Accounting, substantiating the sale of the Minimum Offering;
(3) The documents described on Exhibit B attached hereto and incorporated herein by reference; and
(4) Such other certificates, notices or other documents as Escrow Agent shall reasonably require. Notwithstanding the foregoing, Escrow Agent shall not be obligated to disburse the Escrow Funds to Company if Escrow Agent has grounds to believe that (a) Cash Investment Instruments in full payment for that number of Units Shares equal to or greater than the Minimum Offering have not been received, deposited with and collected by the Escrow Agent, or (b) any of the certifications and opinions set forth in the documents described in Exhibit B attached hereto are incorrect or incomplete. After the initial disbursement of Escrow Funds to Company pursuant to this Section 4(a), Escrow Agent shall pay to Company any additional funds received with respect to the UnitsShares, by certified or bank check or wire transfer, no later than fifteen (15) business days after receipt.
Appears in 2 contracts
Samples: Escrow Agreement (Apple Hospitality Five Inc), Escrow Agreement (Apple Hospitality Two Inc)
Minimum Offering Amount. Subject to the provisions of Section 10 hereof, Escrow Agent shall pay to Company the liquidated value of the Cash Investments (excluding, however, any interest or other earnings on Cash Investments), by certified or bank check or by wire transfer, no later than three (3) days following receipt of the following documents:
(1) A Minimum Offering Notice;
(2) A Subscription Accounting, substantiating the sale of the Minimum Offering;
(3) The documents described on Exhibit B attached hereto and incorporated herein by reference; and
(4) Such other certificates, notices or other documents as Escrow Agent shall reasonably require. Notwithstanding the foregoing, Escrow Agent shall not be obligated to disburse the Escrow Funds to Company if Escrow Agent has grounds to believe that (a) Cash Investment Instruments in full payment for that number of Units equal to or greater than the Minimum Offering have not been received, deposited with and collected by the Escrow Agent, or (b) any of the certifications and opinions set forth in the documents described in Exhibit B attached hereto are incorrect or incomplete. After the initial disbursement of Escrow Funds to Company pursuant to this Section 4(a3(a), Escrow Agent shall pay to Company any additional funds received with respect to the Units, by certified or bank check or wire transfer, no later than fifteen (15) business days after receipt.
Appears in 2 contracts
Samples: Escrow Agreement (Apple REIT Ten, Inc.), Escrow Agreement (Apple REIT Ten, Inc.)