Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amended, or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker of Record (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker of Record. Notwithstanding the foregoing, if the Broker of Record ceases to be the broker of record in respect of the Offering, the Company may amend this Agreement without execution by the Broker of Record to remove the Broker of Record from this Agreement or replace the Broker of Record with another broker of record in respect of the Offering.
Appears in 9 contracts
Samples: Subscription Escrow Agreement (RSE Portfolio, LLC), Subscription Escrow Agreement (RSE Portfolio, LLC), Subscription Escrow Agreement (RSE Portfolio, LLC)
Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amended, or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker Broker-Dealer of Record (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker Broker-Dealer of Record. Notwithstanding the foregoing, if the Broker Broker-Dealer of Record ceases to be the broker broker-dealer of record in respect of the Offering, the Company may amend this Agreement without execution by the Broker Broker-Dealer of Record to remove the Broker Broker-Dealer of Record from this Agreement or replace the Broker Broker-Dealer of Record with another broker broker-dealer of record in respect of the Offering.
Appears in 2 contracts
Samples: Subscription Escrow Agreement (Every Assets I, LLC), Subscription Escrow Agreement (Here Collection LLC)
Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amended, or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker of Record Placement Agent (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker of RecordPlacement Agent. Notwithstanding the foregoing, if the Broker of Record Placement Agent ceases to be the broker of record placement agent in respect of the Offering, the Company may amend this Agreement without execution by the Broker of Record Placement Agent to remove the Broker of Record Placement Agent from this Agreement or replace the Broker of Record Placement Agent with another broker of record placement agent in respect of the Offering.
Appears in 2 contracts
Samples: Subscription Escrow Agreement, Subscription Escrow Agreement (RSE Collection, LLC)
Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amended, or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker Broker-Dealer of Record (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker Broker-Dealer of Record. Notwithstanding the foregoing, if the Broker Broker-Dealer of Record ceases to be the broker Broker-Dealer of record Record in respect of the Offering, the Company may amend this Agreement without execution by the Broker Broker-Dealer of Record to remove the Broker Broker-Dealer of Record from this Agreement or replace the Broker Broker-Dealer of Record with another broker Broker-Dealer of record Record in respect of the Offering.
Appears in 1 contract
Samples: Subscription Escrow Agreement (RSE Innovation, LLC)
Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amended, or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker of Record (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker of Record. Notwithstanding the foregoing, if the Broker of Record ceases to be the broker of record in respect of the Offering, the Company may amend this Agreement without DocuSign Envelope ID: 69F50673-6911-4511-A59E-5059758B199E execution by the Broker of Record to remove the Broker of Record from this Agreement or replace the Broker of Record with another broker of record in respect of the Offering.
Appears in 1 contract
Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amendedamended , or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker Broker-Dealer of Record (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker Broker-Dealer of Record. Notwithstanding the foregoing, if the Broker Broker-Dealer of Record ceases to be the broker broker-dealer of record in respect of the Offering, the Company may amend this Agreement without execution by the Broker Broker-Dealer of Record to remove the Broker Broker-Dealer of Record from this Agreement or replace the Broker Broker-Dealer of Record with another broker broker-dealer of record in respect of the Offering.
Appears in 1 contract
Successors and Assigns; Amendment. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Agent and the Company; provided, however, that neither this Agreement nor any rights or obligations hereunder may be assigned by any party hereto without the express written consent of the other parties hereto. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person other than the parties hereto and their permitted successors and assigns any rights or remedies under or by reason of this Agreement. This Agreement may be amended, or any provision of this Agreement may be waived, so long as such amendment or waiver is set forth in a writing executed by each of the Company and the Broker of Record (a copy of which shall be promptly provided to the Escrow Agent); provided that if any such amendment or waiver would have the effect of increasing or expanding the Escrow Agent’s obligations or duties under this Agreement or eliminating any protections of the Escrow Agent under this Agreement, the written consent of the Escrow Agent shall be required in addition to the written consent of the Company and the Broker of Record. Notwithstanding the foregoing, if the Broker of Record ceases to be the broker of record in respect of the Offering, the Company may amend this Agreement without execution by the Broker of Record to remove the Broker of Record from this Agreement or replace the Broker of Record with another broker of record in respect of the OfferingCompany.
Appears in 1 contract
Samples: Subscription Escrow Agreement (Every Assets I, LLC)