Opening of Escrow. Buyer shall immediately cause an escrow (the "Escrow") to be opened at Escrow Holder's office located at 000 Xxxx Xxxxx Xxxxxx, Xxxxx Xxx, Xxxxxxxxxx 00000, Attention: Xxxx Xxxx-Xxxxxxxx for the purpose of facilitating the consummation of this Agreement, by delivering the Deposit (as defined in Section 4.1 below) to Escrow Holder along with a copy of the fully executed original (or executed counterparts) of this Agreement within two (2) business days after executing this Agreement. Escrow Holder shall, immediately upon its receipt of the Deposit and executed Agreement, execute and deliver to Buyer and Seller the Consent and Acceptance of Escrow Holder attached to this Agreement, which Consent and Acceptance of Escrow Holder shall specify the date of such receipt (the "Escrow Opening Date"). This Agreement constitutes instructions to Escrow Holder. Buyer and Seller shall execute such additional mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent with this Agreement. Any inconsistency between any such additional instructions and this Agreement shall be resolved in a manner consistent with this Agreement, and the provisions of this Agreement shall prevail unless Buyer and Seller waive such inconsistent provision in writing by specifically referring to the fact of such inconsistency and their intent to waive it.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (Conam Realty Investors 4 L P), Purchase and Sale Agreement (Conam Realty Investors 2 L P), Purchase and Sale Agreement (Conam Realty Investors 2 L P)
Opening of Escrow. Upon Buyer's and Seller's execution of this ----------------- Agreement, Buyer shall immediately cause an escrow (the "Escrow") to be opened at with Escrow Holder's office located at 000 Xxxx Xxxxx Xxxxxx, Xxxxx Xxx, Xxxxxxxxxx 00000, Attention: Xxxx Xxxx-Xxxxxxxx Holder for the purpose of facilitating the consummation of this Agreement, . Buyer shall open the Escrow by delivering the Deposit (as defined in Section 4.1 below) to Escrow Holder along with Agent a copy of the fully executed original (or executed counterparts) of this Agreement within two along with immediately available funds in the amount of One Hundred Thousand Dollars (2$100,000.00) business days after executing this Agreement(together with any additional deposit(s) made by Buyer as provided in Section 4.2, the "Xxxxxxx Money"). Escrow Holder shall, immediately upon its receipt of the Deposit and executed Agreement, execute and deliver The Xxxxxxx Money shall be placed with a financial institution satisfactory to Buyer and Seller upon request by Buyer. The Xxxxxxx Money and all interest and other earnings thereon while in the Consent and Acceptance of Escrow Holder attached are occasionally referred to this Agreement, which Consent and Acceptance of Escrow Holder shall specify the date of such receipt (herein collectively as the "Escrow Opening Date"). This Deposit." The provisions of this Agreement constitutes constitute instructions to Escrow Holder. ; provided, however, Buyer and Seller also shall execute such any additional mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent with this Agreement. Any inconsistency between any such additional further mutual instructions and this Agreement shall must be resolved in a manner consistent with this Agreement, Agreement and the provisions of this Agreement shall prevail unless any such inconsistent provision is expressly waived by Buyer and Seller waive such inconsistent provision in a writing by specifically referring to the fact of such the inconsistency and their the intent to waive it. At the Close of Escrow, the Deposit shall be applied as part payment of the Purchase Price.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Tejon Ranch Co), Purchase and Sale Agreement (Tejon Ranch Co)
Opening of Escrow. Buyer shall immediately cause an escrow (the "Escrow") to be opened at Escrow Holder's office located at 000 Xxxx Xxxxx Xxxxxx, Xxxxx Xxx, Xxxxxxxxxx 00000, Attention: Xxxx Xxxx-Xxxx- Xxxxxxxx for the purpose of facilitating the consummation of this Agreement, by delivering the Deposit (as defined in Section 4.1 below) to Escrow Holder along with a copy of the fully executed original (or executed counterparts) of this Agreement within two (2) business days after executing this Agreement. Escrow Holder shall, immediately upon its receipt of the Deposit and executed Agreement, execute and deliver to Buyer and Seller the Consent and Acceptance of Escrow Holder attached to this Agreement, which Consent and Acceptance of Escrow Holder shall specify the date of such receipt (the "Escrow Opening Date"). This Agreement constitutes instructions to Escrow Holder. Buyer and Seller shall execute such additional mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent with this Agreement. Any inconsistency between any such additional instructions and this Agreement shall be resolved in a manner consistent with this Agreement, and the provisions of this Agreement shall prevail unless Buyer and Seller waive such inconsistent provision in writing by specifically referring to the fact of such inconsistency and their intent to waive it.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Conam Realty Investors 81 L P), Purchase and Sale Agreement (Conam Realty Investors 81 L P)
Opening of Escrow. On a date subject to mutual agreement, but in no event later than February 1, 1999, Buyer shall immediately cause an escrow (the "Escrow") to be opened at Escrow Holder's office located at 000 Xxxx Xxxxx Xxxxxx, Xxxxx Xxx, Xxxxxxxxxx 00000, Attention: Xxxx Xxxx-Xxxxxxxx for the purpose of facilitating the consummation of this Agreement, by delivering the Deposit (as defined in Section 4.1 below) to Escrow Holder along with a copy of the fully executed original (or executed counterparts) of this Agreement within two (2) business days after executing this Agreement. Escrow Holder shall, immediately upon its receipt of the Deposit and executed Agreement, execute and deliver to Buyer and Seller the Consent and Acceptance of Escrow Holder attached to this Agreement, which Consent and Acceptance of Escrow Holder shall specify the date of such receipt (the "Escrow Opening Date"). This Agreement constitutes instructions to Escrow Holder. Buyer and Seller shall execute such additional mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent with this Agreement. Any inconsistency between any such additional instructions and this Agreement shall be resolved in a manner consistent with this Agreement, and the provisions of this Agreement shall prevail unless Buyer and Seller waive such inconsistent provision in writing by specifically referring to the fact of such inconsistency and their intent to waive it."
Appears in 1 contract
Samples: Purchase and Sale Agreement (Conam Realty Investors 5 L P)
Opening of Escrow. Buyer Within five (5) business days after the date of this Agreement, Purchaser and Sellers shall immediately cause open an escrow (the "“Escrow"”) to be opened at for the purchase and sale of the Assets with First American Title Insurance Company (“Escrow Holder's office located at 000 Xxxx Xxxxx Xxxxxx, Xxxxx Xxx, Xxxxxxxxxx 00000, Attention: Xxxx Xxxx-Xxxxxxxx for the purpose of facilitating the consummation of this Agreement, ”) by delivering the Deposit (as defined in Section 4.1 below) to Escrow Holder along with depositing a copy of the fully executed original (or executed counterparts) copy of this Agreement within two (2) business days after executing this Agreement. with Escrow Holder shall, immediately upon its receipt and depositing such funds at such time and from time to time as required to open and administer the Escrow in accordance with this Agreement and any escrow instructions. There shall be no delivery into Escrow of the Exxxxxx Money Deposit and executed Agreement, execute and deliver to Buyer and Seller or the Consent and Acceptance of Escrow Holder attached to this AgreementPurchase Price or the Purchase Price Balance, which Consent and Acceptance are to be paid outside of the Escrow Holder shall specify the date of such receipt (the "Escrow Opening Date"). This Agreement constitutes instructions to Escrow Holder. Buyer and Seller shall execute such additional mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent in accordance with this Agreement. Any inconsistency between any such additional instructions The terms and conditions set forth in this Agreement shall be resolved in a manner consistent with constitute both an agreement between Sellers and Purchaser and escrow instructions for Escrow Holder. If Escrow Holder requires separate or additional escrow instructions (“Additional Instructions”), Sellers and Purchaser shall execute and deliver them to Escrow Holder promptly after any such request from Escrow Holder. If there is any conflict or inconsistency between this AgreementAgreement and the Additional Instructions, and this Agreement shall prevail. The Additional Instructions shall not modify or amend the provisions of this Agreement shall prevail unless Buyer Purchaser and Seller waive such inconsistent provision Sellers specifically so agree in writing by specifically referring to the fact of such inconsistency and their intent to waive itwriting.
Appears in 1 contract
Opening of Escrow. Within five (5) business days of Buyer and Seller's execution of this Agreement, Buyer and Seller shall immediately cause an escrow (the "Escrow") to be opened at with Escrow Holder's office located , at 000 Xxxx Xxxxx X Xxxxxx, Xxxxx XxxXxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxxx Xxxx-Xxxxxxxx 00000 for the purpose of facilitating the consummation of this Agreement, . Buyer and Seller shall open the Escrow by delivering the Deposit (as defined in Section 4.1 below) to Escrow Holder along with a copy of the fully executed original (or executed counterparts) of this Agreement and within two five (25) business days after executing this Agreementthe opening of Escrow, Buyer shall deposit by wire transfer payable to Escrow Holder, or other immediately available funds, in the amount of One Hundred Thousand Dollars ($100,000.00) (the "Deposit"). Escrow Holder shall, shall immediately upon its receipt of invest the Deposit and executed Agreement, execute and deliver in an interest bearing account with a financial institution reasonably satisfactory to Buyer and Seller Seller. All interest income resulting from the Consent and Acceptance Deposit shall be credited to Buyer. The provisions of Escrow Holder attached to this Agreement, which Consent and Acceptance of Escrow Holder shall specify the date of such receipt (the "Escrow Opening Date"). This Agreement constitutes constitute instructions to Escrow Holder. ; provided, however, Buyer and Seller also shall execute such additional any supplemental mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent with this Agreement. Any inconsistency between any such additional further mutual instructions and this Agreement shall must be resolved in a manner consistent with this Agreement, Agreement and the provisions of this Agreement shall prevail unless any such inconsistent provision is expressly waived by Buyer and Seller waive such inconsistent provision in a writing by specifically referring to the fact of such the inconsistency and their the intent to waive it. Seller shall have no obligations to Buyer for any acts or omissions of Escrow Holder or any institution in which the Deposit is invested by Escrow Holder.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Neurocrine Biosciences Inc)
Opening of Escrow. Buyer As soon as reasonably possible after the execution of this Agreement, Buyer, Seller (on behalf of itself and the Partnerships) and Presxxx-Xxx. shall immediately cause open an escrow (the "Escrow") to be opened at with Escrow Holder's office located at 000 Xxxx Xxxxx Xxxxxx. Escrow Holder shall notify all Parties in writing of the date of Opening of Escrow. As used in this Agreement, Xxxxx the term "Opening of Escrow" shall mean the date on which three (3) copies of this Agreement signed by Buyer, Seller and Presxxx-Xxx. are delivered to Escrow Holder. Upon receipt of such items, Xxxxxxxxxx 00000Escrow Holder is hereby instructed to open the Escrow, Attention: Xxxx Xxxx-Xxxxxxxx for to insert the purpose Escrow Number on page 1 of facilitating the consummation each copy of this Agreement, by delivering to insert the Deposit (as defined in Section 4.1 below) to date of the Opening of Escrow Holder along with a on the signature page of each copy of this Agreement, to sign the fully executed original signature page of each copy of this Agreement, and to deliver one (or executed counterparts1) complete copy of this Agreement within two to Seller and one (21) business days after executing complete copy of this Agreement. Escrow Holder shall, immediately upon its receipt of the Deposit and executed Agreement, execute and deliver Agreement to Buyer and Seller the Consent and Acceptance of Escrow Holder attached to this Agreement, which Consent and Acceptance of Escrow Holder shall specify the date of such receipt (the "Escrow Opening Date")Presxxx-Xxx. This Agreement constitutes shall also constitute instructions to Escrow Holder. Buyer Escrow Holder's general provisions are attached hereto as Exhibit "A" and Seller shall execute such additional mutual instructions as Escrow Holder may reasonably require, provided that such additional instructions shall be consistent with this Agreementincorporated by reference herein. Any inconsistency If there is any conflict between any such additional instructions and the provisions of this Agreement shall be resolved in a manner consistent with this Agreementand the provisions of Exhibit "A", and the provisions of this Agreement shall prevail unless control as among Presxxx-Xxx., Buyer and Seller waive such inconsistent provision in writing by specifically referring Seller, but the provisions of Exhibit "A" shall control as to the fact duties of such inconsistency and their intent to waive itEscrow Holder.
Appears in 1 contract
Samples: Purchase Agreement (Lyon William)