Payments from Escrow Fund Sample Clauses

Payments from Escrow Fund. Claims by Purchaser Indemnified Persons for indemnification hereunder shall first be satisfied from any balance in the Escrow Fund. Any excess over such balance shall be paid by NetOptix.
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Payments from Escrow Fund. The Escrow Agent shall hold the Escrow Fund in escrow in accordance with this Agreement and shall make payments from the Escrow Fund only as follows:
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Payments from Escrow Fund. The indemnification obligations of Seller pursuant to this Agreement, subject to the limitations set forth in this Article VII to the extent applicable, shall be first satisfied from the Escrow Fund until such funds have been exhausted or the claims exceed the then-current balance in the Escrow Fund, and thereafter directly by Seller (or by one or more of the Guarantors pursuant to Section 5.15).
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Payments from Escrow Fund. The Company and the Independent Fiduciary agree that there shall be paid from the Escrow Fund, and that they shall jointly and timely instruct the Escrow Agent to pay from the Escrow Fund:
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Payments from Escrow Fund. 8.1 If, prior to the Escrow Release Date (or after the Escrow Release Date in respect of any Claim Notice filed before the Escrow Release Date, if legal proceedings in respect thereof have been commenced and are continuing), Amarin becomes entitled by the written agreement of Belsay or the order or judgment of any court of competent jurisdiction in respect of which no appeal may be made to a higher court or in respect of which the time permitted for any such appeal has expired (each a "Final Judgment") to the payment of any sum (the "Settlement Amount") from Belsay in respect of any claim under the Purchase Agreement or the Tax Deed, then Amarin will send a written instruction to the Escrow Agent providing it with evidence of the Final Judgement and the Settlement Amount satisfactory to the Escrow Agent and instructing the Escrow Agent to: (a) transfer cash (from the Reserve Account, in the first instance) equal to the Settlement Amount to a bank account notified to the Escrow Agent in writing by Amarin; or (b) in the event that there is insufficient cash in the Escrow Fund, to transfer Escrow Shares (valued in accordance with Clause 14) from the Escrow Fund (from the Reserve Account, in the first instance) equal to the Settlement Amount (valued in accordance with Clause 14), less the value of the cash, to a bank account notified to the Escrow Agent in writing by Amarin or, in the case of the Escrow Shares, to such person as Amarin may nominate. 8.2 Any transfer of Escrow Shares and cash, if any, to Amarin pursuant to Clause 8.1 in respect of a Relevant Claim shall constitute full and final settlement of Belsay's total liability under the Purchase Agreement in respect of that Relevant Claim. 9. THE FIRST PERIOD 9.1 Belsay shall not sell any Escrow Shares during the First Period and Belsay shall not instruct the Escrow Agent to effect any sale of any Escrow Shares during the First Period and the Escrow Agent shall not sell any Escrow Shares during the First Period without a joint written instruction from Amarin and Belsay so to do, provided that Belsay may instruct the Escrow Agent to sell such number of Escrow Shares as on the date of such sale have an aggregate value of not greater than the Legal Expenses Amount and any funds received from such sale shall be transferred to a bank account notified to the Escrow Agent in writing by Belsay forthwith (the "Legal Expenses Right").
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Payments from Escrow Fund. Any payment to be made by the Escrow Agent pursuant to this Agreement will be made by wire transfer to the appropriate recipient (upon receipt of written wire transfer instructions of the recipient) from the Escrow Fund. Initial wire instructions for each of Buyer and Seller are set forth on Exhibit A attached hereto.
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Related to Payments from Escrow Fund

  • Disbursements from Escrow Funds to Pay Escrow Agent The Escrow Agent is authorized to and may disburse from time to time, to itself or to any Indemnified Party from the Escrow Funds (but only to the extent of Issuer’s rights thereto), the amount of any compensation and reimbursement of out-of-pocket expenses due and payable hereunder (including any amount to which Escrow Agent or any Indemnified Party is entitled to seek indemnification pursuant to Section 9 hereof). Escrow Agent shall notify Issuer of any disbursement from the Escrow Funds to itself or to any Indemnified Party in respect of any compensation or reimbursement hereunder and shall furnish to Issuer copies of all related invoices and other statements.

  • Withdrawals From Escrow Account Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

  • Disbursements from Escrow Funds to Pay NCPS NCPS is authorized to and may disburse from time to time, to itself or to any Indemnified Party from the Escrow Funds (but only to the extent of Issuer’s rights thereto), the amount of any compensation and reimbursement of out-of-pocket expenses due and payable hereunder (including any amount to which NCPS or any Indemnified Party is entitled to seek indemnification pursuant to Section 9 hereof). NCPS shall notify Issuer of any disbursement from the Escrow Funds to itself or to any Indemnified Party in respect of any compensation or reimbursement hereunder and shall furnish to Issuer copies of all related invoices and other statements. Such disbursements will not occur before the minimum contingency is met in compliance with SEC Rule 15c2-4.

  • Distributions from Certificate Account and Special Payments Account (a) On each Regular Distribution Date with respect to a series of Certificates or as soon thereafter as the Trustee has confirmed receipt of the payment of all or any part of the Scheduled Payments due on the Equipment Notes held (subject to the Intercreditor Agreement) in the related Trust on such date, the Trustee shall distribute out of the applicable Certificate Account the entire amount deposited therein pursuant to Section 4.01(a). There shall be so distributed to each Certificateholder of record of such series on the Record Date with respect to such Regular Distribution Date (other than as provided in Section 11.01 concerning the final distribution) by check mailed to such Certificateholder, at the address appearing in the Register, such Certificateholder’s pro rata share (based on the Fractional Undivided Interest in the Trust held by such Certificateholder) of the total amount in the applicable Certificate Account, except that, with respect to Certificates registered on the Record Date in the name of a Clearing Agency (or its nominee), such distribution shall be made by wire transfer in immediately available funds to the account designated by such Clearing Agency (or such nominee).

  • Investment of Amounts in Special Payments Account Any amounts on deposit in the Special Payments Account prior to the distribution thereof pursuant to Section 2.4(b) or (c) shall be invested in accordance with Section 2.2(b). Investment Earnings on such investments shall be distributed in accordance with Section 2.4(b) or (c), as the case may be.

  • Payments from Available Funds Only All payments to be made by the Borrower under this Agreement shall be made only from the amounts that constitute Scheduled Payments, Special Payments and other payments under the Operative Agreements, including payment under Section 4.02 of the Participation Agreements and payments under Section 2.14 of the Indentures, and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the Class A Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.05(f) of the Intercreditor Agreement.

  • Disbursements from the Escrow Account a. At such time as Escrow Agent has collected and deposited instruments of payment in the total amount of the Advance and has received such Common Stock via D.W.A.C from the Company which are to be issued to the Investor pursuant to the Standby Equity Distribution Agreement, the Escrow Agent shall notify the Company and the Investor. The Escrow Agent will continue to hold such funds until the Investor and Company execute and deliver a Joint Written Direction directing the Escrow Agent to disburse the Escrow Funds pursuant to Joint Written Direction at which time the Escrow Agent shall wire the Escrow Funds to the Company. In disbursing such funds, Escrow Agent is authorized to rely upon such Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Investor that Escrow Agent already has on file. Simultaneous with delivery of the executed Joint Written Direction to the Escrow Agent the Investor and Company shall execute and deliver a Common Stock Joint Written Direction to the Escrow Agent directing the Escrow Agent to release via D.W.A.C to the Investor the shares of the Company's Common Stock. In releasing such shares of Common Stock the Escrow Agent is authorized to rely upon such Common Stock Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Escrow Agent has on file. In the event the Escrow Agent does not receive the amount of the Advance from the Investor or the shares of Common Stock to be purchased by the Investor from the Company, the Escrow Agent shall notify the Company and the Investor.

  • Additional Escrow Amounts On the date of any Purchase Withdrawal, the Pass Through Trustee may re-deposit with the Depositary some or all of the amounts so withdrawn in accordance with Section 2.4 of the Deposit Agreement.

  • Payments at Closing At the Closing, Buyer shall:

  • DEPOSITS TO THE ESCROW ACCOUNT The Master Servicer shall deposit or cause to be deposited in the clearing account (which account must be an Eligible Account) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis, and in no event more than one Business Day after the Master Servicer's receipt thereof, and shall thereafter deposit in the Escrow Account, in no event more than two Business Days after the deposit of such funds into the clearing account, as and when received or as otherwise required hereunder, and retain therein:

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