Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or the 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) Depositor and Recipient have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 6 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or among the Representatives Company and the 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 ’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) Depositor and Recipient have the Company has not, within 10 thirty (30) calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 7 hereof, appointed a successor Escrow Agent escrow agent to act hereunderhereunder (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:
Appears in 2 contracts
Samples: Subscription Escrow Agreement (Z Trim Holdings, Inc), Subscription Escrow Agreement (Z Trim Holdings, Inc)
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between DepositorBuyer, Recipient Seller Representative or the Representatives Designees with respect to the holding or disposition of all or any portion of the Escrow Funds Amount 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 Amount or Escrow Agent's proper actions with respect to its obligations hereunder, or (iii) Depositor the Buyer Designee and Recipient Representative Designee have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent escrow agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Suspension of Performance Disbursement Into Court. If, If at any time, (i) there shall exist any dispute between Depositor, Recipient Beneficiary or the 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) Depositor and Recipient Beneficiary have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between DepositorPurchaser, Recipient Seller or the 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) Depositor Purchaser and Recipient Seller have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Suspension of Performance Disbursement Into Court. If, If at any time, (i) there shall exist any dispute between Depositor, Recipient Beneficiary or the 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) Depositor and Recipient Beneficiary have not, within 10 calendar days of the furnishing by Escrow Xxxxxx Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Xxxxxx Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Escrow Agreement
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient Parent or the Representatives 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 ’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) Depositor the Parent and Recipient the Representative have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Merger Agreement (Health Insurance Innovations, Inc.)
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between DepositorEscrow Agent receives conflicting instructions from Parent, Recipient Representative or the Representatives Designees with respect to the holding or disposition of all or any portion of the Escrow Funds Property or any other obligations of Escrow Agent hereunder, (ii) Escrow Agent is unable to determine, to Escrow Agent's sole ’s reasonable satisfaction, the proper disposition of all or any portion of the Escrow Funds Property or Escrow Agent's ’s proper actions with respect to its obligations hereunder, or (iii) Depositor and Recipient the Designees have not, within 10 ten (10) calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Merger Agreement (AtriCure, Inc.)
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient Purchaser or the Representatives Representative with respect to the holding or disposition of all or any portion of the Escrow Deposited Funds or any other obligations of Escrow Paying Agent hereunder, (ii) Escrow Paying Agent is unable to determine, to Escrow Paying Agent's ’s sole satisfaction, the proper disposition of all or any portion of the Escrow Closing Consideration Shares or Deposited Funds or Escrow Paying Agent's ’s proper actions with respect to its obligations hereunder, or (iii) Depositor the Purchaser and Recipient the Representative have not, within 10 calendar days of the furnishing by Escrow Paying Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Paying Agent to act hereunder, then Escrow Paying Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Merger Agreement (Health Insurance Innovations, Inc.)
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between DepositorBuyer, Recipient Company or the 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) Depositor Buyer and Recipient Company have not, within 10 30 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between DepositorPurchaser, Recipient Seller or the 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) Depositor and Recipient the Representatives have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Escrow Agreement (Photomedex Inc)
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between DepositorPurchaser, Recipient Seller or the 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) Depositor Purchaser and Recipient Seller have not, within 10 calendar days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Stock Issuance and Purchase Agreement (Uqm Technologies Inc)
Suspension of Performance Disbursement Into Court. If, at any time, (i) there shall exist any dispute between Depositor, Recipient or the 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) Depositor and Recipient have not, within 10 calendar days of the furnishing by Escrow Xxxxxx Agent of a notice of resignation pursuant to Section 8 hereof, appointed a successor Escrow Xxxxxx Agent to act hereunder, then Escrow Xxxxxx Agent may, in its sole discretion, take either or both of the following actions:
Appears in 1 contract
Samples: Escrow Agreement