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

Resignation or Removal of Escrow Agent. The Escrow Agent may resign as such following the giving of thirty (30) days' prior written notice to the General Partners. 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 General 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 General Partners as evidenced by a written notice filed with the Escrow Agent. If the 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 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: Plan of Dissolution And (Painewebber Preferred Yield Fund 2 Lp), Escrow Agreement (Painewebber Preferred Yield Fund 2 Lp)

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Resignation or Removal of Escrow Agent. The Escrow Agent may resign as such following the giving of thirty (30) days' prior written notice to the General PartnersCompany and Purchaser. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days' prior joint written notice by the Company and Purchaser to the Escrow Agent by the General PartnersAgent. 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 General Partners Company and Purchaser as evidenced by a joint written notice filed with the Escrow Agent. If the General Partners has 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. The Escrow Agent may resign as such following the giving of thirty (30) days' calendar days prior written notice to the General Partnersother 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 General Partnersother 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 General Partners other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the General Partners has 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, Assignment and Assumption Agreement (Kemet Corp)

Resignation or Removal of Escrow Agent. The Escrow Agent may resign as such following the giving of thirty (30) days' calendar days prior written notice to the General Partnersother 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 both of the General Partnersother 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 General Partners other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the General Partners has 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: License Agreement (Media Sciences International Inc)

Resignation or Removal of Escrow Agent. The Escrow Agent ---------------------------------------- may resign as such following the giving of thirty (30) 30 days' prior written notice to the General Partnersother Parties hereto. Similarly, the Escrow Agent may be removed and replaced by the other Parties hereto following the giving of thirty (30) 30 days' prior written notice to the Escrow Agent by the General Partnersan 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 General Partners 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. If the General Partners has 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 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/)

Resignation or Removal of Escrow Agent. The Escrow Agent may -------------------------------------- resign as such following the giving of thirty (30) days' 30 days prior written notice to the General Partnersother parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty (30) days' 30 days prior written notice to the Escrow Agent by each of the General Partnersother 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 General Partners other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the General Partners has 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 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)

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Resignation or Removal of Escrow Agent. The Escrow Agent may resign as such following the giving of thirty (30) days' days prior written notice to the General Partnersother 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 General Partnersother 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 General Partners other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the General Partners has 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. The Escrow Agent may resign as such following the giving of thirty (30) days' prior written notice to the General Partnersother 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 General Partnersother 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 General Partners other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the General Partners has 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. The Escrow Agent may resign as such following the giving of thirty (30) days' calendar days prior written notice to the General Partnersother parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of thirty twenty (3020) days' days prior written notice to the Escrow Agent by the General PartnersBuyer 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 General Partners other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the General Partners has 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)

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