Term of Escrow. The “Termination Date” shall be the earliest of: (i) the close of business on [_____], 2011, sixty (60) days after the date the Offering Document was declared effective by the SEC; (ii) all funds held in the Escrow Account are distributed to the Company or to Investors pursuant to Section 3 and the Company has informed the Escrow Agent in writing to close the Escrow Account; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 2 contracts
Samples: Subscription Escrow Agreement (American Realty Capital Properties, Inc.), Subscription Escrow Agreement (American Realty Capital Properties, Inc.)
Term of Escrow. The “Termination Date” shall be the earliest of: earlier of (i) the close of business on [_____], 2011, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECof this Escrow Agreement; (ii) the disbursement of all funds held in the REIT Escrow Account are distributed Accounts to the Company or to Investors pursuant to Section 3 3, Section 4 for Pennsylvania Investors and Section 5 for Tennessee Investors, and instruction from the Company has informed to the Escrow Agent in writing to close writing, directing the termination each of the REIT Escrow AccountAccounts; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and or (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 2 contracts
Samples: Subscription Escrow Agreement, Subscription Escrow Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Term of Escrow. The “Termination Date” shall be the earliest of: earlier of (i) the close of business on [_____], 2011, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECof this Escrow Agreement; (ii) the disbursement of all funds held in the REIT Escrow Account are distributed Accounts to the Company or to Investors pursuant to Section 3 or Section 4 for Pennsylvania Investors, and instruction from the Company has informed to the Escrow Agent in writing to close writing, directing the termination each of the REIT Escrow AccountAccounts; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and or (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 2 contracts
Samples: Subscription Escrow Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Subscription Escrow Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Term of Escrow. The “Termination Date” shall be the earliest of: (i) , 2014, the close one year anniversary of business on [_____], 2011, sixty (60) days after the date the Offering Document was initially declared effective by the SEC, if the Minimum Amount has not been obtained prior to such date; (ii) the date on which all funds held in the Escrow Account are distributed to the Company or to Investors pursuant to Section 3 and for Pennsylvania Investors, Section 4 and the Company has informed the Escrow Agent in writing to close the Escrow Account; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission SEC or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date Date, the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Samples: Subscription Escrow Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.)
Term of Escrow. The “"Termination Date” " shall be the earliest of: earlier of (i) the close of business on [_____], 2011, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECof this Escrow Agreement; (ii) all funds held in the ARC NYRR Escrow Account Accounts are distributed to the Company or to Investors pursuant to Section 3 3, Section 4 for Pennsylvania Investors and Massachusetts Investors and Section 5 for Tennessee Investors, and the Company has informed the Escrow Agent in writing to close each of the ARC NYRR Escrow AccountAccounts; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and or (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Samples: Subscription Escrow Agreement (American Realty Capital New York Recovery Reit Inc)
Term of Escrow. The “Termination Date” shall be the earliest of: earlier of (i) the close date on which Investor Funds totaling the Minimum Amount are received by the Escrow Agent; provided that the Company may extend this date by 60 days upon written notice to the Escrow Agent; provided however, that in all events this escrow shall terminate not later than the one year anniversary of business on [_____], 2011, sixty (60) days after the date the Offering Document was declared effective by the SECof this Escrow Agreement; (ii) all funds held in the Escrow Account are distributed to the Company or to Investors pursuant to Section 3 and the Company has informed the Escrow Agent in writing to close the Escrow Account; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and (iviii) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document document and has remained in effect for at least twenty (20) daysdays or (iv) the date the Escrow Agent institutes an interpleader action. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Term of Escrow. The “Termination Date” shall be the earliest of: (i) the close of business on [_____]_, 201120__, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECSecurities and Exchange Commission; (ii) all funds held in the Escrow Account are distributed to the Company or to Investors pursuant to Section 3 and the Company has informed the Escrow Agent in writing to close each of the Escrow Account; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Samples: Subscription Escrow Agreement (American Realty Capital Healthcare Trust Inc)
Term of Escrow. The “Termination Date” shall be the earliest of: earlier of (i) the close of business on [_____], 2011, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECof this Escrow Agreement; (ii) all funds held in the Escrow Account and the Pennsylvania and Massachusetts Escrow Account are distributed to the Company or to Investors pursuant to Section 3 and Section 4 for Pennsylvania Investors and Massachusetts Investors and the Company has informed the Escrow Agent in writing to close the Escrow Account and the Pennsylvania and Massachusetts Escrow Account; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and or (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Samples: Escrow Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc)
Term of Escrow. The “Termination Date” shall be the earliest of: (i) the close of business on [[ ______, 20 __ ], 2011, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECSecurities and Exchange Commission; (ii) all funds held in the Escrow Account are distributed to the Company or to Investors pursuant to Section 3 and the Company has informed the Escrow Agent in writing to close each of the Escrow Account; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Samples: Subscription Escrow Agreement (Business Development Corp of America)
Term of Escrow. The “"Termination Date” " shall be the earliest of: (i) the close of business on [_____], 2011, sixty (60) days after the one year anniversary of the date the Offering Document was declared effective by the SECof this Escrow Agreement; (ii) all funds held in the ARC NYRR Escrow Account Accounts are distributed to the Company or to Investors pursuant to Section 3 3, or, for Pennsylvania Investors, Section 4, and the Company has informed the Escrow Agent in writing to close each of the ARC NYRR Escrow AccountAccounts; (iii) the date the Escrow Agent receives written notice from the Company that it is abandoning the sale of the Securities; and (iv) the date the Escrow Agent receives notice from the Securities and Exchange Commission or any other federal or state regulatory authority that a stop or similar order has been issued with respect to the Offering Document and has remained in effect for at least twenty (20) days. After the Termination Date the Company and its agents shall not deposit, and the Escrow Agent shall not accept, any additional amounts representing payments by prospective Investors.
Appears in 1 contract
Samples: Subscription Escrow Agreement (American Realty Capital New York Recovery Reit Inc)