Upon Expiration Date. The release and return of all deposited subscription proceeds (including accrued interest thereon) to subscribers, upon the failure of the Company to certify to the Escrow Agent that it has received a commitment from a lender (the "Loan Commitment") sufficient to permit the Company to proceed to build its proposed ethanol plant, by September 30, 2006 (the "Expiration Date"); or
Appears in 2 contracts
Samples: Escrow Agreement (Nedak Ethanol, LLC), Escrow Agreement (Nedak Ethanol, LLC)
Upon Expiration Date. The release and return of all deposited subscription proceeds (including accrued interest thereon) to subscribers, upon the failure of the Company to certify to the Escrow Agent that it has received a commitment from a lender (the "Loan Commitment") sufficient to permit the Company to proceed to build its proposed ethanol plant, by September November 30, 2006 (the "Expiration Date"); or
Appears in 2 contracts
Samples: Escrow Agreement (Nedak Ethanol, LLC), Escrow Agreement (Nedak Ethanol, LLC)