ESCROW AGREEMENTEscrow Agreement • September 15th, 2008
Contract Type FiledSeptember 15th, 2008THIS ESCROW AGREEMENT is entered into and effective this third day of September, 2008, by and among: (1) Gilardi & Co. LLC (“Escrow Agent”); (2) Named Plaintiff Albert T. Beane, individually and on behalf of the Class; and (3) Defendants The Bank of New York Mellon, BNY ConvergEx Execution Solutions LLC, and Callan Associates, Incorporated. The capitalized terms used in this Escrow Agreement shall have the same meanings as those defined in the Stipulation and Agreement of Settlement (“Settlement Agreement”), except where separately defined herein. This Escrow Agreement sets forth the terms and conditions of the escrow to be established pursuant to the Settlement Agreement.