Protection of Escrow Funds. The Escrow Agent shall hold and safeguard the Escrow Funds during their existence, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Funds only in accordance with the terms hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Network Associates Inc), Agreement and Plan of Reorganization (Network Associates Inc)
Protection of Escrow Funds. (i) The Escrow Agent shall hold and safeguard the Escrow Funds Fund and, if applicable, the Working Capital Escrow Fund, during their existencethe Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Funds Fund and, if applicable, the Working Capital Escrow Fund, only in accordance with the terms hereofof this Article VIII.
Appears in 2 contracts
Samples: Share Transfer Agreement, Share Transfer Agreement (Dolby Laboratories, Inc.)
Protection of Escrow Funds. (i) The Escrow Agent shall hold and safeguard the Escrow Funds during their existencethe Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent Thermage and shall hold and dispose of the Escrow Funds only in accordance with the terms hereofof this Article VIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Thermage Inc)
Protection of Escrow Funds. The Escrow Agent shall (i) hold and safeguard the Escrow Funds during their existenceas escrow property, shall (ii) be under no duty to afford the Escrow Funds any greater degree of care than it gives its own similar property, (iii) not treat such fund as a trust fund in accordance with the terms of this Agreement and not Escrow Funds as the property of Parent Buyer, and shall (iv) hold and dispose of the Escrow Funds only in accordance with the terms hereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mantech International Corp)
Protection of Escrow Funds. (i) The Escrow Agent shall hold and safeguard the Escrow Funds during their existencethe Escrow Period, shall treat each such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Funds only in accordance with the terms hereofof this Article VII.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Documentum Inc)
Protection of Escrow Funds. The Escrow Agent shall hold and safeguard the Escrow Funds during their existencethe applicable escrow period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent NAI and shall hold and dispose of the Escrow Funds only in accordance with the terms hereof.
Appears in 1 contract
Samples: Stock Purchase Agreement (Networks Associates Inc/)
Protection of Escrow Funds. (i) The Escrow Agent shall hold and safeguard the Escrow Funds during their existencethe Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent AUTC Delaware or the Surviving Corporation or any stockholder and shall hold and dispose of the Escrow Funds only in accordance with the terms hereof.
Appears in 1 contract
Protection of Escrow Funds. The Escrow Agent shall hold and safeguard the Indemnification Escrow Funds Fund during their existence, the Indemnification Escrow Period and shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Funds only in accordance with the terms hereofAgreement.
Appears in 1 contract
Samples: Share Purchase Agreement (Sirf Technology Holdings Inc)
Protection of Escrow Funds. (i) The Escrow Agent shall hold and safeguard the Escrow Funds during their existencethe Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent New Focus and shall hold and dispose of the Escrow Funds only in accordance with the terms hereof.
Appears in 1 contract
Samples: Merger Agreement and Plan of Reorganization (New Focus Inc)
