Common use of Protection of Escrow Fund Clause in Contracts

Protection of Escrow Fund. (i) The Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Street and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof. (ii) Any shares of Select Common Stock and/or Select Series H Preferred Stock, as the case may be, or other equity securities issued or distributed by Select (including shares issued upon a stock split) ("New Shares") in respect of Select Common Stock and/or Select Series H Preferred Stock, as the case may be, in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund and become a part thereof. New Shares issued in respect of shares of Street Common Stock and/or Select Series H Preferred Stock, as the case may be, which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the recordholders thereof. Cash dividends on Select Common Stock and/or Select Series H Preferred Stock, as the case may be, shall not be added to the Escrow Fund but shall be distributed to the recordholders thereof. (iii) Each shareholder shall have voting rights with respect to the shares of Select Common Stock and/or Select Series H Preferred Stock, as the case may be, contributed to the Escrow Fund by such shareholder (and on any voting securities added to the Escrow Fund in respect of such shares of Select Common Stock and/or Select Series H Preferred Stock, as the case may be).

Protection of Escrow Fund. (ia) The Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund for the benefit of the Stockholders in accordance with the terms of this Agreement and not as the property of Street Bionik, and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof. (iib) Any shares of Select Bionik Common Stock and/or Select Series H Preferred Stock, as the case may be, or other equity securities issued or distributed by Select Bionik (including shares issued upon a stock split) ("“New Shares"”) in respect of Select Bionik Common Stock and/or Select Series H Preferred Stock, as the case may be, in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund and become a part thereof. New Shares issued in respect of shares of Street Bionik Common Stock and/or Select Series H Preferred Stock, as the case may be, which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the recordholders record holders thereof. Cash dividends dividends, if any, on Select Bionik Common Stock and/or Select Series H Preferred Stock, as the case may be, shall not be added added-to the Escrow Fund but shall be distributed to the recordholders thereofStockholders in proportion to their respective original contributions to the Escrow Fund. (iiic) Each shareholder Stockholder shall have voting rights and the right to distributions of cash dividends with respect to the shares of Select Common Stock and/or Select Series H Preferred Stock, as the case may be, Escrow Shares contributed to the Escrow Fund by such shareholder Stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Select Bionik Common Stock and/or Select Series H Preferred Stock). As the record holder of such shares, as the case may be)Escrow Agent shall vote such shares in accordance with the instructions of the Stockholders having the beneficial interest therein and shall ensure that copies of all proxy solicitation materials are promptly delivered to such Stockholders.

Protection of Escrow Fund. (i) The Escrow Depositary Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Street Acquiror and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof. (ii) Any shares of Select Common Stock and/or Select Series H Preferred Stockcash, as the case may be, property or other equity securities (including Equity Equivalents) issued or distributed by Select (including shares issued upon a stock split) Acquiror ("New SharesDISTRIBUTIONS") in respect of Select Acquiror Common Stock and/or Select Series H Preferred shall be paid or made to the former holders of Target Capital Stock ratably in proportion to their respective contributions to the Escrow Fund, whether or not such shares of Acquiror Common Stock have been released from the Escrow Fund; PROVIDED, that any Distribution payable ratably to all holders of Acquiror Common Stock in the form of additional shares of Acquiror Common Stock, as or entitling the case may beholder thereof to receive, directly or indirectly, additional shares of Acquiror Common Stock, and any securities issued in exchange for Acquiror Common Stock, shall remain part of the Escrow Fund which and shall not be paid to the former holders of Target Capital Stock to the extent such Distributions are paid in respect of shares of Acquiror Common Stock that have not been released from the Escrow Fund shall be added to the Escrow Fund and become a part thereof. New Shares issued in respect of shares of Street Common Stock and/or Select Series H Preferred Stock, as the case may be, which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the recordholders thereof. Cash dividends on Select Common Stock and/or Select Series H Preferred Stock, as the case may be, shall not be added to the Escrow Fund but shall be distributed to the recordholders thereofFund. (iii) Each shareholder stockholder shall have voting rights with respect to the shares of Select Acquiror Common Stock and/or Select Series H Preferred Stock, as the case may be, contributed to the Escrow Fund by such shareholder stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Select Acquiror Common Stock and/or Select Series H Preferred Stock, as the case may be).

Protection of Escrow Fund. (i) The Escrow Agent shall hold and safeguard the Escrow Fund Funds during the Escrow PeriodPeriods, shall treat such fund funds as a trust fund in accordance with the terms of this Agreement and not as the property of Street either Peregrine or the Sellers, and shall hold and dispose of the Escrow Fund Funds only in accordance with the terms hereof. (ii) Any shares of Select Peregrine's Common Stock and/or Select Series H Preferred Stock, as the case may be, or other equity securities issued or distributed by Select Peregrine (including shares issued upon a stock dividend or split) ("New SharesNEW SHARES") in respect of Select Common Stock and/or Select Series H Preferred Stock, as the case may be, Buyer Shares in the General Escrow Fund which have not been released from the General Escrow Fund shall be deposited with the Escrow Agent and added to the General Escrow Fund and become a part thereof. New Shares issued in respect of shares of Street Peregrine's Common Stock and/or Select Series H Preferred Stock, as the case may be, which have been released from the General Escrow Fund shall not be added to the General Escrow Fund but shall be distributed to the recordholders record holders thereof. Cash or property dividends on Select Common Stock and/or Select Series H Preferred Stock, as Buyer Shares held in the case may be, General Escrow Fund shall not be added to the General Escrow Fund but shall be distributed to the recordholders record holders thereof. (iii) Each shareholder Seller shall have voting rights with respect to the shares of Select Common Stock and/or Select Series H Preferred Stock, as the case may be, Escrow Shares contributed to the Escrow Fund Funds by such shareholder Seller (and on any voting securities and other dividends added to the General Escrow Fund in respect of such shares of Select Common Stock and/or Select Series H Preferred Stock, as the case may beEscrow Shares). (iv) Any interest earned on the Employment Escrow Amounts deposited in the Employment Escrow Fund shall be deposited with the Escrow Agent and added to the Employment Escrow Fund and become a part thereof.

Protection of Escrow Fund. (i) The Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow PeriodPeriod and until such later time as all deliveries of the Escrow Amount out of the Escrow Fund have been made, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Street C1 and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof. (ii) Any shares of Select C1 Common Stock and/or Select Series H Preferred Stock, as the case may be, or other equity securities issued or distributed by Select C1 (including shares issued upon a stock split) ("New Shares") in respect of Select C1 Common Stock and/or Select Series H Preferred Stock, as the case may be, in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund and become a part thereof. New Shares issued in respect of shares of Street C1 Common Stock and/or Select Series H Preferred Stock, as the case may be, which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the recordholders record holders thereof. Cash dividends on Select C1 Common Stock and/or Select Series H Preferred Stock, as the case may be, shall not be added to the Escrow Fund but shall be distributed to the recordholders record holders thereof. (iii) Each shareholder Shareholder shall have voting rights and the right to distributions of cash dividends with respect to the shares of Select C1 Common Stock and/or Select Series H Preferred Stock, as the case may be, contributed to the Escrow Fund by such shareholder Shareholders (and on any voting securities added to the Escrow Fund in respect of such shares of Select C1 Common Stock). As the record holder of such shares, the Escrow Agent shall vote such shares in accordance with the instructions of the Shareholders having the beneficial interest therein and shall promptly deliver copies of all proxy solicitation materials to such Shareholders. C1 shall show the C1 Common Stock and/or Select Series H Preferred Stock, contributed to the Escrow Fund as the case may be)issued and outstanding on its balance sheet.

Protection of Escrow Fund. (i) The Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Street Recruitsoft and shall hold and dispose of the Escrow Fund only in accordance with the terms hereofhereof or pursuant to joint written instructions from Recruitsoft and the Stockholder Agent. (ii) Any With respect to any shares of Select Common Series D Preferred Stock and/or Select Series H Preferred Stock, as the case may be, or other equity securities issued or distributed by Select Recruitsoft (including shares issued upon a stock split) (the "New SharesNEW SHARES") in respect of Select Common Series D Preferred Stock and/or Select Series H Preferred Stock, as the case may be, in the Escrow Fund which have not been released from the Escrow Fund shall as of the time of such issuance and distribution by Recruitsoft, White Amber's Stockholders will be added deemed to have received and consented to the deposit with the Escrow Fund and become a Agent of such New Shares without any act required on the part thereofof any stockholder. New Shares issued in respect of shares of Street Common Series D Preferred Stock and/or Select Series H Preferred Stock, as the case may be, which have been released from the Escrow Fund as of the time of such issuance or distribution by Recruitsoft shall not be added to the Escrow Fund but shall be distributed to the recordholders record holders thereof. Cash dividends on Select Common issued in respect of shares of Series D Preferred Stock and/or Select Series H Preferred Stock, as the case may be, shall not be added to the Escrow Fund but shall be distributed to the recordholders record holders thereof. (iii) Each shareholder Xxxxx Xxxxx Stockholder shall have voting rights with respect be entitled to control the vote of the shares of Select Common Series D Preferred Stock and/or Select Series H Preferred Stock, as the case may be, contributed to the Escrow Fund by by, or on behalf of, such shareholder Xxxxx Xxxxx Stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Select Common Stock and/or Select Series H D Preferred Stock), and the Escrow Agent in whose name the shares are held shall vote such shares on all matters as instructed by the case may be)respective White Amber Stockholders in writing.