Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal: (a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate; (b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction. (c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 26 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement (Industrial Logistics Realty Trust Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;; or
(b) If if no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.; and
(c) Furtherfurther, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into such court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 20 contracts
Samples: Escrow Agreement (T. Rowe Price OHA Select Private Credit Fund), Escrow Agreement (T. Rowe Price OHA Select Private Credit Fund), Escrow Agreement (Nuveen Churchill Private Capital Income Fund)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement. The terms of this Section shall survive the termination of the Escrow Agreement and the resignation or removal of the Escrow Agent.
Appears in 17 contracts
Samples: Escrow Agreement (NexPoint Capital, Inc.), Escrow Agreement (Nexpoint Multifamily Realty Trust, Inc.), Escrow Agreement (NexPoint Hospitality Trust, Inc.)
Resignation of Escrow Agent. The Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If if no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, shall cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.; and
(c) Furtherfurther, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further agent and the Escrow Agent may pay into court all monies and property deposited with the Escrow Agent under this Agreement.
Appears in 11 contracts
Samples: Escrow Agreement (Strategic Storage Trust IV, Inc.), Escrow Agreement (Griffin-Benefit Street Partners BDC Corp.), Escrow Agreement (Griffin-Benefit Street Partners BDC Corp.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;.
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into to any such court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 10 contracts
Samples: Escrow Agreement (Guggenheim Credit Income Fund 2021), Escrow Agreement (Guggenheim Credit Income Fund 2019), Escrow Agreement (Carey Credit Income Fund 2018 T)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;; or
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.; and
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into such court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 8 contracts
Samples: Escrow Agreement (Wells Core Office Income Reit Inc), Escrow Agreement (Wells Core Office Income Reit Inc), Escrow Agreement (KBS Legacy Partners Apartment REIT, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 sixty days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;; or
(b) If if no such successor escrow agent has been designated by such date, : (i) all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
; and (cii) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent agent and may pay into court all monies and property deposited with the Escrow Agent under this Agreement.
Appears in 8 contracts
Samples: Dealer Manager Agreement (Inland Residential Properties Trust, Inc.), Dealer Manager Agreement (Inland Residential Properties Trust, Inc.), Escrow Agreement (Inland Retail Properties Trust V, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If if no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.; and
(c) Furtherfurther, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court to such court-appointed successor agent all monies and property deposited with Escrow Agent under this Agreement.
Appears in 6 contracts
Samples: Escrow Agreement (Terra Income Fund 6, Inc.), Escrow Agreement (Terra Income Fund 6, Inc.), Escrow Agreement (Terra Income Fund 6, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.; or
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court to such court-appointed successor agent all monies and property deposited with Escrow Agent under this Agreement.
Appears in 4 contracts
Samples: Escrow Agreement (Green Realty Trust, Inc.), Escrow Agreement (Green Realty Trust, Inc.), Escrow Agreement (Carey Watermark Investors Inc)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;.
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 4 contracts
Samples: Escrow Agreement (Hines Global Reit Ii, Inc.), Escrow Agreement (Hines Global Reit Ii, Inc.), Escrow Agreement (Hines Global Reit Ii, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 3 contracts
Samples: Escrow Agreement (FS Global Credit Opportunities Fund-A), Escrow Agreement (FS Global Credit Opportunities Fund-D), Escrow Agreement (FS Energy & Power Fund)
Resignation of Escrow Agent. The Escrow Agent may resign or be removed, at any time, for any reason, time resign hereunder by giving written notice of its resignation or removal to the proper parties at their respective addresses as set forth hereinCompany, at least 60 five (5) calendar days before prior to the date specified for such resignation or removal to take effect; , and upon the effective date of such resignation or removal:
(a) All cash and other payments and resignation, all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent attorney, or firm of attorneys, or bank or trust company in New York City as may be agreed upon and designated in writing by the CompanyCompany and Placement Agent in writing, whereupon all of the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) . If no such successor escrow agent has person shall have been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, shall nevertheless cease and terminate, and the . The Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it safely the funds in the Escrow Account and to deliver the same to a such person designated in writing by as the Company Escrow Agent shall be directed pursuant to written instructions of the parties or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Furtherorder, if no such successor escrow agent has been designated by such dateprovided that, not withstanding the foregoing, at any time the Escrow Agent may petition deposit any or all of the funds in the Escrow Account with any court of competent jurisdiction for in connection with an action in the appointment nature of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreementinterpleader.
Appears in 3 contracts
Samples: Securities Purchase and Registration Rights Agreement (New Oriental Energy & Chemical Corp.), Securities Purchase and Registration Rights Agreement (New Oriental Energy & Chemical Corp.), Securities Purchase and Registration Rights Agreement (New Oriental Energy & Chemical Corp.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 sixty days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Inland Diversified Real Estate Trust, Inc.), Escrow Agreement (Inland Diversified Real Estate Trust, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the CompanyCorporation, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;.
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Corporation or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (CION Investment Corp), Escrow Agreement (CION Investment Corp)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the CompanyCorporation, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Corporation or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (FS Investment Corp II), Escrow Agreement (FS Investment Corp II)
Resignation of Escrow Agent. The Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;.
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further further, the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (ICON ECI Fund Sixteen), Escrow Agreement (ICON ECI Fund Sixteen)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If if no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, shall cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final final, non-appealable order or judgment of a court of competent jurisdiction.; and
(c) Furtherfurther, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further agent and the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Pathway Energy Infrastructure Fund, Inc.), Escrow Agreement (Pathway Energy Infrastructure Fund, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the CompanyIssuer, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;; and
(b) If if no such successor escrow agent has been designated by such date, (i) all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Issuer or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
, (cii) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further , and (iii) the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Cottonwood Communities, Inc.), Escrow Agreement (Cottonwood Communities, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;; and
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.; and
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement. The terms of this Section shall survive the termination of the Escrow Agreement and the resignation or removal of the Escrow Agent.
Appears in 2 contracts
Samples: Escrow Agreement (TriLinc Global Impact Fund LLC), Escrow Agreement (TriLinc Global Impact Fund LLC)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All all cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If if no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, shall cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final non-appealable order or judgment of a court of competent jurisdiction.; and
(c) Furtherfurther, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further agent and the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Priority Senior Secured Income Fund, Inc.), Escrow Agreement (Priority Senior Secured Income Fund, Inc.)
Resignation of Escrow Agent. The Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 30 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent Escrow Agent as may be designated in writing by the Trust Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent Escrow Agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Trust Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent Escrow Agent has been designated by such date, the resigning or removed Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further further, the resigning or removed Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Escrow Agreement.
Appears in 1 contract
Samples: Escrow Agreement
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the CompanyTerm Fund, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Term Fund or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 1 contract
Samples: Escrow Agreement (Triloma EIG Global Energy Term Fund I)
Resignation of Escrow Agent. The Escrow Agent may resign or be removed, at any time, for any reason, from its duties hereunder by giving written notice of its such resignation or removal to Parent, the Surviving Corporation, and the Stockholder Representatives at least 30 days prior to the proper parties at their respective addresses effective date of such resignation. A successor Escrow Agent shall be appointed by agreement of Parent and the Stockholder Representatives, which appointment shall be evidenced by a written agreement signed by Parent and the Stockholder Representatives, copies of which shall be delivered to the Escrow Agent. Upon the effective date of resignation by the Escrow Agent, the Escrow Agent shall deliver the Escrow Fund to the successor Escrow Agent appointed as set forth hereinaforesaid. If a successor Escrow Agent has not been appointed prior to the effective date of resignation by the Escrow Agent, at least 60 days before the date specified for such resignation or removal to take effect; upon Escrow Agent's sole responsibility after the effective date of such resignation or removal:shall be, at the election of the Escrow Agent: 11
(a) All cash and other payments and all other property then held by to hold the Escrow Agent hereunder shall be delivered by it Fund (without any obligation to such successor escrow agent as may be designated in writing by reinvest the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(bsame) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing successor Escrow Agent, if any, thereafter appointed by Parent and the Company Stockholder Representatives as above provided, or in accordance with the directions of a final order or judgment of a court of competent jurisdiction., or
(cb) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may to institute a petition any for interpleader in a court of competent jurisdiction for the appointment of a successor agent; further and pay and deliver the Escrow Agent may pay Fund into court all monies the registry of such court, in either which event the Escrow Agent's obligations hereunder shall cease and property deposited with terminate upon payment or delivery of the Escrow Agent under Fund as provided in paragraph (a) or (b), as applicable, of this Agreementsection.
Appears in 1 contract
Samples: Merger Agreement (Di Industries Inc)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into such court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 1 contract
Samples: Escrow Agreement (CM REIT, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement. The terms of this Section shall survive the termination of the Escrow Agreement and the resignation or removal of the Escrow Agent.
Appears in 1 contract
Samples: Escrow Agreement (Business Development Corp of America)
Resignation of Escrow Agent. The Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 30 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent Escrow Agent as may be designated in writing by the CompanyMoney Transmitter, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent Escrow Agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Money Transmitter or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent Escrow Agent has been designated by such date, the resigning or removed Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further further, the resigning or removed Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Escrow Agreement.
Appears in 1 contract
Samples: Escrow Agreement
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 days before the date specified for such resignation or removal to take effect; upon . Upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the CompanyPerpetual Fund, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Perpetual Fund or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 1 contract
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 sixty (60) days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent as may be designated in writing by the Company, whereupon the Escrow Agent’s obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent has been designated by such date, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow Agent may pay into such court all monies and property deposited with Escrow Agent under this Agreement.
Appears in 1 contract
Samples: Escrow Agreement (CM REIT, Inc.)
Resignation of Escrow Agent. Escrow Agent may resign or be removed, at any time, for any reason, by written notice of its resignation or removal to the proper parties at their respective addresses as set forth herein, at least 60 30 days before the date specified for such resignation or removal to take effect; upon the effective date of such resignation or removal:
(a) All cash and other payments and all other property then held by the Escrow Agent hereunder shall be delivered by it to such successor escrow agent Escrow Agent as may be designated in writing by the CompanySeller and Purchaser, whereupon the Escrow Agent’s 's obligations hereunder shall cease and terminate;
(b) If no such successor escrow agent Escrow Agent has been designated by such date, all obligations of the Escrow Agent hereunder shall, nevertheless, cease and terminate, and the Escrow Agent’s 's sole responsibility thereafter shall be to keep all property then held by it and to deliver the same to a person designated in writing by the Company Seller and Purchaser or in accordance with the directions of a final order or judgment of a court of competent jurisdiction.
(c) Further, if no such successor escrow agent Xxxxxx Agent has been designated by such date, the Escrow resigning or removed Xxxxxx Agent may petition any court of competent jurisdiction for the appointment of a successor agent; further the Escrow resigning or removed Xxxxxx Agent may pay into court all monies and property deposited with Escrow Xxxxxx Agent under this Escrow Agreement.
Appears in 1 contract
Samples: Escrow Agreement