Common use of Suspension of Performance Disbursement Into Court Clause in Contracts

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company and the Dealer Manager with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment), then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company and the Dealer Manager with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, within thirty (30) 20 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 6 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company and the Dealer Manager Placement Agent with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment), then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company and the Dealer Manager with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 8 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment), then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company Issuer and the Dealer Manager certain individuals with respect to the holding or disposition of all or any portion of the Escrow Funds Assets or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds Assets or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company Issuer has not, within thirty (30) days of the furnishing by Escrow Xxxxxx Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment), then Escrow Xxxxxx Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company and the Dealer Manager Underwriter with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment), then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (ia) there shall exist any dispute between or among the Company and the Dealer Manager with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (iib) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iiic) the Company has Purchaser Representative and the Sellers Representative have not, within thirty (30) 10 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereofresignation, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Xxxxxx Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Xxxxxx Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Xxxxxx Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Purchaser or among the Company and the Dealer Manager Stockholder Representative with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company Purchaser has not, not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 8 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Digital Fusion, Summit or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 2.7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Vince, Kellwood or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company iCAD and the Dealer Manager Seller with respect to the holding or disposition of all or any portion of the Escrow Funds Shares or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole but reasonable satisfaction, the proper disposition of all or any portion of the Escrow Funds Shares or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, iCAD and Seller have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Sellers, ACE*COMM or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds Shares or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds Shares or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 8 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Seller, Buyer or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, hereunder or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 8 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company Parent and the Dealer Manager Stockholder Representative with respect to the holding or disposition of all or any portion of the Escrow Funds Fund or any other obligations of Escrow Agent hereunder, (ii) the Escrow Agent is unable to determine, to the Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds Fund or the Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) Parent and the Company has not, Stockholder Representative have not within thirty (30) days of the furnishing by the Escrow Agent of a notice of resignation pursuant to Section 7 8 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then the Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipients or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company Buyer and the Dealer Manager Seller Representative with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s 's sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s 's proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 6 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company Sellers and the Dealer Manager Buyer with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, Buyer and Sellers have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between or among the Company Indemnitor and the Dealer Manager Indemnitee with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has Representatives have not, within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent to act hereunder (which such successor escrow agent has accepted such appointment), then Escrow Agent may, in its sole discretion, take either or both of the following actions:

Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or among the Company and the Dealer Manager Representatives with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent’s sole satisfaction, the proper disposition of all or any portion of the Escrow Funds or Escrow Agent’s proper actions with respect to its obligations hereunder, or (iii) the Company has not, Representatives have not within thirty (30) 30 days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 7 hereof, appointed a successor escrow agent Escrow Agent to act hereunder (which such successor escrow agent has accepted such appointment)hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions: