Distribution of Funds. Deliver (i) to Seller, or order, the cash portion of the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein; and (ii) to Buyer, or order, any excess funds delivered to Escrow Agent by Buyer. Such funds shall be delivered by wire transfer or cashier’s check in accordance with instructions for Seller and Buyer; if no instructions are given, Escrow Agent shall deliver such funds by Escrow Agent’s check via overnight courier (or as otherwise requested by the intended recipient) to the appropriate party at the address set forth for notice in this Agreement.
Distribution of Funds. All funds received by the Trust to the extent not encumbered by the Indenture and otherwise available for distribution (or if encumbered by the Indenture, which have been released by the relevant parties benefiting from such encumbrance) will be distributed to the Beneficiary.
Distribution of Funds. 11 Section 4.02 Payments from Trust Estate Only...........................................................11 Section 4.03
Distribution of Funds. Deliver (i) to Seller, or order, the cash portion of the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein; and (ii) to Buyer, or order, any excess funds delivered to Escrow Holder by Buyer. Such funds shall be delivered by wire transfer or cashier’s check in accordance with instructions for Seller and Buyer; if no instructions are given, Escrow Holder shall deliver such funds by Escrow Holder’s check via overnight courier (or as otherwise requested by the intended recipient) to the appropriate party at the address set forth for notice in this Agreement. This Section 5.9 shall survive the Close of Escrow.
Distribution of Funds. Escrow Agent shall disburse all funds deposited with Escrow Agent by Buyer in payment of the Purchase Price as follows:
(i) Deduct, pay and satisfy all items chargeable to the account of Seller pursuant to Section 11.1 hereof.
(ii) Deduct, pay and satisfy all Monetary Obligations against the Real Property.
(iii) If, as a result of the prorations and credits pursuant to Article 11 hereof, amounts are to be charged to the account of Seller, deduct the net amount of such charges.
(iv) Disburse the remaining balance of the Purchase Price to Seller promptly upon the Closing. All disbursements by Escrow Agent shall be by wire transfer to the designated account of the receiving party or shall be by certified or cashier’s check of Escrow Agent, as may be directed by the receiving party.
Distribution of Funds. The Escrow Agent shall distribute the funds held by it under this Restated Agreement as follows:
a. Upon receipt of (i) funds in the amount of at least $21 million in payment for Shares, (ii) receipt of a certificate from the Agent that all of the conditions set forth in the Agency Agreement between the Company and the Agent have been satisfied or otherwise waived, and (iii) a certificate executed by the Company’s CEO or CFO attesting that all other conditions to the release of funds as described in the Company’s prospectus pertaining to the offering, including but not limited to approval of the appropriate bank regulators, have been met and directing the Escrow Agent to distribute all funds then held by the Escrow Agent pursuant to this Restated Agreement to the Company, then the Escrow Agent shall deliver the funds, by cashier’s check, wire transfer, or other form of payment mutually acceptable to the Company and the Escrow Agent, to the Company, together with the income earned thereon pursuant to subsection (c) of this Section 4. The parties anticipate that there may be multiple distributions of escrowed funds and that both the Agent and the Company will deliver a certificate as contemplated above prior to each such distribution. No distribution will be made until the last investor deposit to be distributed in that distribution has been made for at least two business days. The Company shall provide account information and other necessary directions for disbursements by the Escrow Agent to it under this Restated Agreement. The Escrow Agent was provided a copy of the form of Subscription Agreement at the signing of the Original Agreement.
b. Upon (i) receipt of direction from the Company, to return the funds to the investors; or (ii) in the event the Escrow Agent shall have received less than $21 million or shall have received no direction or certificate from the Company pursuant to either subsection (a) or this subsection (b) of this Section 4 on or prior to initial closing date of the Offering as described in the Company’s prospectus (unless the Company notifies the Escrow Agent that the Offering has been extended), the Escrow Agent shall distribute such funds to the investors, without interest, pursuant to subsection (c) of this Section 4. The Company may give notice to the Escrow Agent that the Company is canceling its offer of the Shares prior to the ultimate expiration date of the Offering as described in the Company’s prospectus (beyond such date t...
Distribution of Funds. The Parties have established a collaborative management process addressing the distribution of funds if the MOU is terminated as further described in the by-laws/procedure guide. Appendix a, Section 1, Subsection 13.
Distribution of Funds. Escrow Agent shall disburse all funds deposited with Escrow Agent by Buyer in payment of the Purchase Price as follows: (i) first, deduct, pay and satisfy all items chargeable to the account of Seller pursuant to Section 11.1 hereof; (ii) second, deduct, pay and satisfy all Monetary Obligations against the Real Property; (iii) third, if, as a result of the prorations and credits pursuant to Article 11 hereof, amounts are to be charged to the account of Seller, deduct the net amount of such charges; and (iv) fourth, disburse the remaining balance of the Purchase Price to Seller promptly upon the Closing. All disbursements by Escrow Agent shall be by wire transfer of immediately available funds to the designated account of the receiving party or shall be by certified or cashier's check of Escrow Agent, as may be directed by the receiving party.
Distribution of Funds. All funds received by the Note Issuance Trust to the extent not encumbered by the Indenture and otherwise available for distribution (or if encumbered by the Indenture, which have been released by the relevant parties benefiting from such encumbrance) will be distributed to the Beneficiary, including without limitation interest and earnings (net of losses and investment expenses) on funds on deposit in the Collections Account in accordance with Section 403(e) of the Indenture and funds specified to be payable to the Beneficiary under step (78) (Allocation of Series Finance Charge Amounts) of Section 3.01, Section 3.04(5) and Section 3.05(5) of the Indenture Supplement for the DiscoverSeries Notes.
Distribution of Funds at the Maturity Date or Upon an Event of Default. At the Maturity Date or upon the occurrence and during the continuance of an Event of Default, subject to the rights and remedies of the Lender pursuant to Section 3.02 hereof, the Lender shall distribute any and all Collections as follows: FIRST, to the Lender, an amount in cash equal to any and all accrued fees and collection costs as set forth in Section 5.05, until such amount has been paid in full; SECOND, to the Lender, an amount in cash equal to all accrued and unpaid interest on the Revolving Loan (at the rates established under Section 1.05) until such amount has been funded in full; THIRD, to the Lender, an amount in cash equal to the principal amount of the Revolving Loan, until such amount is paid in full; FOURTH, to the Lender, an amount in cash equal to the payment of any other Lender Debt due and payable on such Funding Date, until such amount has been paid in full; and FIFTH, to the Borrower, all remaining amounts of Collections.
