Common use of Resignation or Removal of Escrow Agent Clause in Contracts

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days prior written notice to the Escrow Agent by the other parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) If the other parties hereto have failed to appoint a successor prior to the expiration of thirty (30) days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Mine Safety Appliances Co), Asset Purchase Agreement (Mine Safety Appliances Co), Share Purchase Agreement (Mine Safety Appliances Co)

AutoNDA by SimpleDocs

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) calendar days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days prior written notice to the Escrow Agent by the other parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto have failed to appoint a successor prior to the expiration of thirty (30) calendar days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Kemet Corp)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days days' prior written notice to the other parties heretoGeneral Partners. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days days' prior written notice to the Escrow Agent by the other parties heretoGeneral Partners. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto General Partners as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto have General Partners has failed to appoint a successor prior to the expiration of thirty (30) days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 2 contracts

Samples: Escrow Agreement (Painewebber Preferred Yield Fund 2 Lp), Plan of Dissolution and Liquidation (Painewebber Preferred Yield Fund 2 Lp)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days days’ prior written notice to the other parties heretoCompany and Purchaser. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days days’ prior joint written notice by the Company and Purchaser to the Escrow Agent by the other parties heretoAgent. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto Company and Purchaser as evidenced by a joint written notice filed with the Escrow Agent. (b) . If the other parties hereto Company and Purchaser have failed to appoint a successor prior to the expiration of thirty (30) days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties heretoCompany and Purchaser.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Verenium Corp), Escrow Agreement (Verenium Corp)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days days’ prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days days’ prior written notice to the Escrow Agent by the other parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto have failed to appoint a successor prior to the expiration of thirty (30) days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 1 contract

Samples: Escrow Agreement (Kanbay International Inc)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may -------------------------------------- resign as such following the giving of thirty (30) 30 days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) 30 days prior written notice to the Escrow Agent by each of the other parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty (30) 30 days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto are unable to agree upon a successor, or shall have failed to appoint a successor prior to the expiration of thirty (30) 30 days following receipt of the notice of resignation or of removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (Windy Hill Pet Food Co Inc)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days at least 15 days’ prior written notice to the other parties hereto. Similarly, Seller and the Escrow Agent may be removed and replaced following the giving of thirty (30) days prior written notice to the Escrow Agent by the other parties heretoPurchaser. In either such event, the duties of the Escrow Agent shall terminate thirty (30) 15 days after receipt the date of such notice (or as of such earlier date as may be mutually agreeableagreed); and the Escrow Agent shall then deliver the balance of the moneys or assets Shares then in its possession to a successor escrow agent as shall be appointed by the other parties hereto. If the parties hereto as evidenced by are unable to agree upon a written notice filed with the Escrow Agent. (b) If the other parties hereto successor or shall have failed to appoint a successor prior to the expiration of thirty (30) 15 days following receipt the date of the notice of resignation or removal, the then-acting Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, ; and any such resulting appointment shall be binding upon all of the parties hereto. Upon acknowledgment by any successor escrow agent of the receipt of the then-remaining balance of the Shares, the then-acting Escrow Agent shall be fully released and relieved of all duties, responsibilities, and obligations under this Agreement, except as provided to the contrary herein.

Appears in 1 contract

Samples: Purchase and Repayment Agreement (Wireless Holdings Inc)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent ---------------------------------------- may resign as such following the giving of thirty (30) days 30 days' prior written notice to the other parties Parties hereto. Similarly, the Escrow Agent may be removed and replaced by the other Parties hereto following the giving of thirty (30) days 30 days' prior written notice to the Escrow Agent by the other parties heretoan Authorized Representative of each of Buyer and Sellers. In either event, the duties of the Escrow Agent shall terminate thirty (30) 30 days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and , at which time the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by Buyer and Sellers in a written notice signed by an Authorized Agent of both Buyer and Sellers and filed with the Escrow Agent. (b) . If the other parties hereto have failed Buyer and Sellers are unable to agree upon a successor escrow agent or fail to appoint a successor escrow agent prior to the expiration of thirty (30) 30 days following receipt of the notice of resignation or removal, any of the Escrow Agent Parties hereto may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties Parties hereto.

Appears in 1 contract

Samples: Escrow Agreement (Icg Communications Inc /De/)

AutoNDA by SimpleDocs

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days prior written notice to the Escrow Agent by the other parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto have failed to appoint a successor prior to the expiration of thirty (30) days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 1 contract

Samples: Purchase Agreement (Almost Family Inc)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) days days’ prior written notice to the other parties heretoPurchaser and Seller. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days days’ prior written notice to the Escrow Agent by the other parties heretoParties. In either event, the duties of the Escrow Agent shall will terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall will then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall will be appointed by the other parties hereto Purchaser and Seller as evidenced by a written notice filed with to the Escrow Agent. (b) If the other parties Purchaser and Seller hereto have failed to appoint a successor to the Escrow Agent prior to the expiration of thirty (30) days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction the for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding finding upon all of the parties hereto.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ruths Hospitality Group, Inc.)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) calendar days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days prior written notice to the Escrow Agent by both of the other parties hereto. In either event, the duties of the Escrow Agent shall terminate thirty (30) days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto have failed to appoint a successor prior to the expiration of thirty (30) calendar days following receipt of the notice of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 1 contract

Samples: Asset Purchase Agreement (Media Sciences International Inc)

Resignation or Removal of Escrow Agent. (a) The Escrow Agent may resign as such following the giving of thirty (30) calendar days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty twenty (3020) days prior written notice to the Escrow Agent by the other parties heretoBuyer and the Seller. In either event, the The duties of the Escrow Agent shall terminate thirty (30) days after receipt at the expiration of such the applicable notice period (or as of such earlier date as may be mutually agreeable); , and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. (b) . If the other parties hereto have failed to appoint a successor prior to the expiration of thirty (30) days following receipt of the applicable notice period of resignation or removal, the Escrow Agent may appoint a successor or petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto.

Appears in 1 contract

Samples: Purchase Agreement (Churchill Downs Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!