Deposits into Escrow a. All Investments shall be delivered directly to the Escrow Agent for deposit into the Escrow Account described on Exhibit A hereto. Investments shall be transmitted promptly to the Escrow Agent in compliance with Rule 15c2-4. Each such deposit shall be accompanied by the following documents:
(1) a report containing such Subscriber’s name, social security number or taxpayer identification number, address and other information required for withholding purposes;
(2) a Subscription Accounting; and
(3) instructions regarding the investment of such deposited funds in accordance with Section 6 hereof. ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTERESTS AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF.
b. The parties hereto understand and agree that all Investments received by Escrow Agent hereunder are subject to collection requirements of presentment and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. Upon receipt, Escrow Agent shall process each Investment for collection, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4 hereof. If, upon presentment for payment, any Investment is dishonored, Escrow Agent’s sole obligation shall be to notify the parties hereto of such dishonor and to promptly return such Investment to the applicable investor. Upon receipt of any Investment that represents payment of an amount less than or greater than the Subscriber’s initial proposed Investment, Escrow Agent's sole obligation shall be to notify the parties hereto of such fact and to promptly return such Investment to the applicable investor.
Deposits into Escrow. 10.1.1. Not less than two (2) business days prior to the Closing Date, Seller shall deposit into the Escrow: (i) the Deed, (ii) the Non-Foreign Affidavit, and (iii) any other documents required to consummate this transaction.
10.1.2. On or before the Closing Date, Buyer shall deposit into the Escrow funds in accordance with the provisions of Paragraph 2 above.
10.1.3. Seller and Buyer shall each deposit into the Escrow such other instruments and funds as are reasonably required to close the Escrow and consummate the purchase of the Property in accordance with the terms of this Agreement.
Deposits into Escrow. Seller shall make its deposits into escrow in accordance with Section 8.2. Purchaser shall make its deposits into escrow in accordance with Section 8.1. The Title Company is hereby authorized to close the escrow only if and when: (i) the Title Company has received all items to be delivered by Seller and Purchaser pursuant to Article VIII; and (ii) the Title Company can and will issue the Title Policy.
Deposits into Escrow. 5.1.1 At least one (1) business day prior to the Closing Date, Seller shall deposit into Escrow:
(a) A grant deed conveying the Project to Buyer (the "DEED"), subject to the Permitted Exceptions;
(b) An affidavit or qualifying statement which satisfies the requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder (the "NON-FOREIGN AFFIDAVIT"), and a "Withholding Exemption Certificate, Form 593", pursuant to the California Revenue and Taxation Code stating either the amount of withholding required from Seller's proceeds or that Seller is exempt from such withholding requirement (the "CERTIFICATE").
(c) An original xxxx of sale and assignment (the "XXXX OF SALE"), duly executed by Seller, assigning and conveying to Bayer all of Seller's right, title and interest in and to the Personal Property. The Xxxx of Sale shall be in the form of EXHIBIT "B" attached hereto;
(d) An original assignment and assumption agreement (the "ASSIGNMENT AND ASSUMPTION AGREEMENT") duly executed by Seller assigning all of Seller's right, title and interest in and to the Leases and the Contracts. The Assignment and Assumption Agreement shall be in the form of EXHIBIT "C" attached hereto; and
(e) A letter to each Tenant (the "TENANT LETTERS") advising the Tenant of the sale of the Property, the transfer of the Tenant's security deposit to Buyer and of the name and address of Buyer (or its property manager).
5.1.2 On or before 10:00 a.m. Pacific time or the Closing Date, Buyer shall deposit into Escrow:
(a) Funds in accordance with the provisions of Section 1.3.2;
(b) Buyer's Reaffirmation Certificate;
(c) An original counterpart of the Assignment and Assumption Agreement duly executed by Buyer; and
Deposits into Escrow. Unless otherwise set forth below, Borrowers and Lender shall, not less than two (2) Business Days prior to the Closing Date, deposit the following documents, instruments and other items into Escrow, each duly executed and, where appropriate, witnessed, acknowledged and in recordable form, with all exhibits, schedules and annexes (each pre-approved by Lender) attached and executed as required:
(i) One (1) copy of this Agreement, executed by Lender, by each Borrower and by each Credit Party and by each Guarantor and with all completed Annexes and Disclosure Schedules and Exhibits attached.
(ii) With respect to the Western Medical Center - Anaheim, one (1) original Deed of Trust executed and acknowledged by PCHI with the legal description describing the fee simple interest in the Western Medical Center - Anaheim.
(iii) With respect to the Western Medical Center - Santa Xxx, one (1) original Deed of Trust executed and acknowledged by PCHI with the legal description describing the fee simple interest in the Western Medical Center - Santa Xxx.
(iv) With respect to the Coastal Communities Hospital, one (1) original Deed of Trust executed and acknowledged by PCHI with the legal description describing the fee simple interest in the Coastal Communities Hospital.
(v) With respect to the Xxxxxxx Medical Center:
(A) one (1) original Deed of Trust executed and acknowledged by IHHI with the legal description describing (1) the fee simple interest in the Xxxxxxx Medical Center, and (2) IHHI's interest, as MOB Tenant, in the Xxxxxxx MOB Lease; and
(B) one (1) original Deed of Trust executed and acknowledged by IHHI with the legal description describing (1) the fee simple interest in the Xxxxxxx Medical Center, and (2) IHHI's interest, as Hospital Tenant, in the Xxxxxxx Hospital Lease
(vi) With respect to the Western Medical Center - Anaheim, one (1) original Absolute Assignment of Leases and Rents executed and acknowledged by PCHI, IHHI and WMC-A with the legal description describing the fee simple interest in the Western Medical Center - Anaheim.
(vii) With respect to the Western Medical Center - Santa Xxx, one (1) original Absolute Assignment of Leases and Rents executed and acknowledged by PCHI, IHHI and WMC-SA with the legal description describing the fee simple interest in the Western Medical Center - Santa Xxx.
(viii) With respect to the Coastal Communities Hospital, one (1) original Absolute Assignment of Leases and Rents executed and acknowledged by PCHI, IHHI and ...
Deposits into Escrow. No later than **** before the Close of Escrow, the parties shall deposit the funds and documents described below into Escrow. All funds to be deposited into Escrow shall be by wire transfer of same day funds or cashier’s check in same day funds drawn on and payable through a California bank. All documents shall be duly executed by authorized signatories and, when customary or necessary for filing or recordation, properly acknowledged.
Deposits into Escrow. On or before July 11, 2001, the Buyer shall deposit with Continental Stock Transfer and Trust Company ("Escrow Agent") in an interest bearing account the sum of $1,150,000 (which together with all interest earned thereon is referred to as the "Escrow Funds") pursuant to an agreement in the form of EXHIBIT A hereto "Escrow Agreement". The distribution of the Escrow Funds will be governed by the terms of the Escrow Agreement.
Deposits into Escrow. Seller will make its deposits into escrow in accordance with Section 1.3(c). Buyer will make (or cause to be made) its deposits into escrow in accordance with Section 1.3(b) and Section 1.3(d). The Escrow Agent is authorized to release the escrowed items only if and when: (i) the Escrow Agent has received all items and funds to be delivered (or caused to be delivered) to the Escrow Agent by Seller and Buyer pursuant to Sections 1.3(b) through and including Section 1.3(f) (or has received written notice that such item(s) have been waived from the party to whom such item(s) were to be delivered); (ii) the Title Insurer has provided written notice that it will issue upon the Closing the Owner’s Title Policy; and (iii) the Escrow Agent has received written notice from Seller that Seller has received the Estimated Closing Purchase Price Amount from Buyer (the “Funds Notice”).
Deposits into Escrow. The Issuer shall forward to Escrow Agent the Subscription Funds received by the Issuer for deposit into the following escrow account: ALL FUNDS SO DEPOSITED SHALL REMAIN THE PROPERTY OF THE SUBSCRIBERS ACCORDING TO THEIR RESPECTIVE INTEREST AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY ESCROW AGENT OR BY JUDGMENT OR CREDITORS' CLAIMS AGAINST ISSUER UNTIL RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a) HEREOF. Upon receipt of any Subscription Funds which are not equal to the proper Cash Investment for such subscription or if a notice of insufficient funds has been received by the Escrow Agent for such Subscription Funds, Escrow Agent's sole obligation shall be to notify Issuer of such fact and to return such Subscription Funds to the Issuer for further delivery to the Subscriber.
Deposits into Escrow a. Upon receipt by Agent of any Cash Investment Instrument for the purchase of Shares, Agent shall forward to Escrow Agent the Cash Investment Instrument for deposit into the following escrow account: First Union National Bank of North Carolina, Escrow Agent Charlotte, North Carolina ABA # 053000219 ATTN: Karen Atkinson for Xxxxx Xxsidential Income Trust, Ixx. Xxxxxx Xxxount Notify (704) 374-2670 Each such deposit shall be accxxxxxxxx xx xhe following document:
