Common use of Reconfirmation Offering Clause in Contracts

Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 9 contracts

Samples: Subscription Escrow Agreement (Atlantic Acquisition II, INc.), Subscription Escrow Agreement (Atlantic Acquisition II, INc.), Subscription Escrow Agreement (Cheval Resources Corp)

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Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company Client in writing that the investor elects to remain an investor; iii. If the Company Client does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company Client will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor., iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreementprospectus, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 5 contracts

Samples: Escrow Agreement (New Gold Discoveries, Inc.), Escrow Agreement (Supportingsmallbusiness, Inc.), Escrow Agreement (Supportingsmallbusiness, Inc.)

Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of or the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the The Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, . the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. .; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if anyAgent.

Appears in 2 contracts

Samples: Subscription Escrow Agreement (Tenaya Acquisitions Co), Subscription Escrow Agreement (Tenaya Acquisitions Co)

Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor by the Company whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if anyinvestor.

Appears in 2 contracts

Samples: Subscription Escrow Agreement (Stonehedge Branding Group, Inc.), Subscription Escrow Agreement (Destiny Corporate Enterprises, Inc.)

Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. (a) The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. (b) Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. (c) If the Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's ’s behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The the Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. (d) The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. (e) If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 1 contract

Samples: Escrow Agreement (Sustinere Holdings, Inc.)

Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-. effective amendment. Pursuant to Rule 419, the terms of or the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the The Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, . the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. .; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 1 contract

Samples: Subscription Escrow Agreement (DAS Acquisition Inc.)

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Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the Company Registrant does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company Registrant will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company Registrant will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Allure Worldwide, Inc.)

Reconfirmation Offering. The reconfirmation offer must commence within five business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five business days by first class mail or other equally prompt means; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. . iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Whiskey Acquisition Inc.)

Reconfirmation Offering. The reconfirmation offer must commence within five (5) business days after the effective date of the post-effective amendment. Pursuant to Rule 419, the terms of the reconfirmation offer must include the following conditions: i. The prospectus contained in the post-effective amendment will be sent to each investor whose securities are held in the escrow account within five (5) business days after the effective date of the post-effective amendment; ii. Each investor will have no fewer than 20, and no more than 45, business days from the effective date of the post-effective amendment to notify the Company in writing that the investor elects to remain an investor; iii. If the Company does not receive written notification from any investor within 45 business days following the effective date, the pro rata portion of the Deposited Funds (and any related interest or dividends) held in the escrow account on such investor's behalf will be returned to the investor within five (5) business days by first class mail or other equally prompt means; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor. iv. The acquisition(s) will be consummated only if investors having contributed 80% of the maximum offering proceeds elect to reconfirm their investments; and v. If a consummated acquisition(s) has not occurred within 18 months from the date of this agreement, the Deposited Funds held in the escrow account shall be returned to all investors on a pro rata basis within five business days by first class mail or other equally prompt means. ; The Company will send written disbursement instruction to the Escrow Agent including the amount of pro-rata interest owed to the investor if any.

Appears in 1 contract

Samples: Subscription Escrow Agreement (Gold Standard Mining Co)

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