Release of the Escrow Funds. Escrow Agent shall disburse the Escrow Funds to Owner or Contractor, or their assigned representatives, only upon the following conditions and/or circumstances:
Release of the Escrow Funds. The Escrow Agent shall not release any part of the Escrow Funds to any party except as provided in this Section 4.
Release of the Escrow Funds. The Escrow Agent shall release the Escrow Funds in accordance with joint written instructions signed by Buyer and Sellers, and otherwise in accordance with the provisions of Section 8 below.
Release of the Escrow Funds. The Escrow Funds shall only be distributed and released as follows:
Release of the Escrow Funds. The Escrow Agent shall, and shall have the right and is hereby jointly instructed by the Transaction Parties to, release the Escrow Funds exclusively in accordance with this Section 3.
Release of the Escrow Funds. The Escrow Funds shall be paid by the Escrow Agent in accordance with the following:
Release of the Escrow Funds. The Escrow Funds shall be distributed and released only as set forth in this Section 4.
Release of the Escrow Funds. The release of the Escrow Funds is governed by Article 2 and Section 7.2 of the Purchase Agreement. The Escrow Funds shall be released no later than the later of (i) the Closing, or (ii) if the Purchase Price is not determined as of the Closing Date, then pursuant to the Arbitrator’s Order. The Escrow Agent will disburse funds upon receipt of joint written instructions executed by Purchaser and Seller or written instructions received from Arbitrator. Escrow Agent will not be responsible for determining or calculating amounts to be disbursed.
Release of the Escrow Funds. (a) Subject to Section 2(c) of this Agreement, the Escrow Agent shall continue to hold the Escrow Funds delivered for deposit hereunder by an Investor until the earlier of: (1) receipt of a joint written notice from the Company and the Investors evidencing termination under Section 6.5(a) of the Purchase Agreement, (2) receipt of a written notice from the Company or an Investor evidencing termination under Section 6.5(b) of the Purchase Agreement (each of (1) and (2), a “Termination Election”) and (3) receipt of both (x) written notice from the Company that the conditions to closing under Section 5.1 of the Purchase Agreement shall have been satisfied and (y) joint written notice from the Company and Xxxx Capital Partners, LLC, who acted as a placement agent in connection with the transactions contemplated by the Purchase Agreement, to effect the Closing.
Release of the Escrow Funds. The Escrow Fund shall secure the indemnification obligations of the Company Holders and payments by the Company Holders of the Net Working Capital Adjustment Amount and Severance Adjustment Amount, each as more particularly described in the Merger Agreement. This Agreement shall not change, modify or supersede in any way the events or circumstances that give rise to the obligations and/or remedies of the parties to the Merger Agreement as more particularly set forth therein. Other than disbursement of interest amounts or payment of fees as set forth in this Agreement, the Escrow Agent shall only disburse amounts from the Escrow Fund as follows:
