Return of Escrowed Funds. If the Escrow Agent has not received a Break Escrow Affidavit on or prior to the Closing Date, the Escrow Agent shall promptly create and dispatch checks and wires drawn on the Escrow Account to return the principal amount of the funds in the Escrow Account, together with any interest thereon, without deduction for fees, penalties or expenses, to the respective subscribers, and the Escrow Agent shall notify the Company and the Dealer Manager of its distribution of the funds. The subscription payments returned to each subscriber (including those, if any, returned to Pennsylvania Subscribers and Tennessee Subscribers pursuant to Sections 3 and 4, respectively) shall be free and clear of any and all claims of the Company or any of its creditors.
Appears in 4 contracts
Samples: Escrow Agreement (Plymouth Opportunity REIT Inc.), Escrow Agreement (Plymouth Opportunity REIT Inc.), Escrow Agreement (KBS Real Estate Investment Trust III, Inc.)
