Tender to Court. a. The Escrow Agent may tender the escrowed funds to a court or administrative forum of competent jurisdiction for the applicable Beneficiary State after: I. The Escrow Agent sent the Company a notice of resignation or the Company provided the Escrow Agent with a notice to remove under subdivision (A) of Section 7 of this Escrow Agreement; II. the ninety (90) day notice period expired; III. the Company did not execute a new escrow agreement approved by the Beneficiary State(s) with a successor Escrow Agent during the ninety (90) day notice period; IV. the Escrow Agent provides all applicable Beneficiary States with a copy of the most recent Escrow Agreement, including all Attachments, and a copy the resignation notice(s) the Escrow Agent sent to the Company, and an affidavit that sufficiently describes:
Appears in 5 contracts
Samples: Tobacco Escrow Agreement, Escrow Agreement, Tobacco Escrow Agreement
Tender to Court. a. The Escrow Agent may tender the escrowed funds to a court or administrative forum of competent jurisdiction for the applicable Beneficiary State after:
I. The Escrow Agent sent the Company a notice of resignation or the Company provided the Escrow Agent with a notice to remove under subdivision (A) of Section 7 of this Escrow Agreement;
II. the ninety (90) day notice period expired;
III. the Company did not execute a new escrow agreement approved by the Beneficiary State(s) with a successor Escrow Xxxxxx Agent during the ninety (90) day notice period;
IV. the Escrow Agent provides all applicable Beneficiary States with a copy of the most recent Escrow Agreement, including all Attachments, and a copy the resignation notice(s) the Escrow Agent sent to the Company, and an affidavit that sufficiently describes:
Appears in 5 contracts
Samples: Tobacco Escrow Agreement, Escrow Agreement, Tobacco Escrow Agreement
