Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit D, which compensation shall be paid by the Company. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that if the conditions for the disbursement of funds under this Agreement are not fulfilled, or the Escrow Agent renders any material service not contemplated in this Agreement, or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof, or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company. The Company’s obligations under this Section 8 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Agreement.
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C (Escrow Agent Fee), which compensation shall be paid by the Company or any of its affiliates. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Escrow Agreement; provided, however, that
(a) in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled;
(b) the Escrow Agent renders any material service not contemplated in this Escrow Agreement with the Company’s consent or the Dealer Manager’s consent or as required by law;
(c) there is any assignment of interest in the subject matter of this Escrow Agreement;
(d) any material modification hereof with the Company’s consent;
(e) if any material controversy arises hereunder; or
(f) the Escrow Agent is made a party to any litigation relating to this Escrow Agreement, or the subject matter hereof; then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all reasonable costs and expenses, including reasonable attorney’s fees and expenses, occasioned by any delay, controversy, litigation or event, and the same shall be paid by the Company or any of its affiliates. The Company’s obligations under this Section 8 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Escrow Agreement.
Escrow Agent’s Fee. The fee of the Escrow Agent is $5,000. The fee agreed upon for services rendered hereunder is intended as full compensation for the Escrow Agent's services as contemplated by this Escrow Agreement.
Escrow Agent’s Fee. The Escrow Agent is entitled to an annual fee of $10,000 (plus out-of-pocket expenses), which will be inclusive of all charges and other costs, for services rendered as escrow agent under this Escrow Agreement, including, but not limited to, maintaining the Escrow Account, making disbursements therefrom, and managing the Escrow Account. This fee will be paid annually out of the Escrow Account through the Escrow Agent’s withdrawal of that amount from the Escrow Account. The initial fee will be payable at the time of the Chapter 7 Trustee’s establishment of the Escrow Account in accordance with Section 1, and additional fees will be paid annually thereafter.
Escrow Agent’s Fee. The Escrow Agent shall be entitled to a fee of $1,500 and to a fee of $5 for each disbursement to a subscriber to which subscription proceeds are being returned for its services rendered pursuant to the terms hereof, which compensation shall be paid by the Company. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event that the conditions for the disbursement of funds under this Agreement are not fulfilled, or the Escrow Agent renders any material service not contemplated in this Agreement to the Company, or there is any assignment of interest in the subject matter of this Agreement by the Company, or any material modification hereof, or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorneys’ fees, occasioned by any delay, controversy, litigation or event, and all of the foregoing shall be recoverable from the Company.
Escrow Agent’s Fee. Escrow Agent shall be paid no fee for setting up the escrow. In the event that Escrow Agent is made a party to litigation with respect to the Acquisition Fund, or brings an action in interpleader, or Escrow Agent is required to render any service not provided for in this Escrow Agreement, or there is any assignment of interests in this escrow or any modification hereof, Escrow Agent shall be entitled to reasonable compensation for such extraordinary services and reimbursement by Lessee for all fees, costs, liability and expenses, including attorney fees. Xxxxxx also agrees to pay any investment fees or other charges of Escrow Agent, such as wire transfer charges and disbursement charges and agrees such fees and charges may be deducted by and paid to the Escrow Agent from funds in or to be deposited in the Acquisition investment earnings to be deposited in the Acquisition Fund.
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation from the Permittee for its services under this Escrow Agreement in accordance with the fee schedule attached to this Escrow Agreement as Exhibit A. The attached fee schedule constitutes full compensation to the Escrow Agent for services contemplated by this Escrow Agreement. The Escrow Agent is authorized to compensate itself from Escrow Account funds in accordance with the attached schedule following thirty (30) calendar days prior written notice to Permittee. The Escrow Account shall be replenished by the Permittee as required by Paragraph 3 above.
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit A, which compensation shall be paid by the Company. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent's services as contemplated by the Escrow Agreement; provided, however, that in the event that the Escrow Agent performs additional services not contemplated in this Escrow Agreement or incurs additional expenses not contemplated in Exhibit A, the Escrow Agent may be entitled to additional fees or reimbursement of costs. Such events that shall entitle the Escrow Agent to receive additional fees or reimbursement of additional costs or expenses are situations wherein: (i) the conditions for the disbursement of funds under the Escrow Agreement are not fulfilled within the original timeframe contemplated under this Agreement, (ii) the Escrow Agent renders any additional material service, requested by a duly authorized agent of the Company or Roth, not contemplated in this Escrow Agreement, (iii) there is any xxxxgnment of interest in the subject matter of this Escrow Agreement, (iv) any material modification hereof, or if any material controversy arises hereunder, or (v) the Escrow Agent is made a party to any litigation pertaining to this Escrow Agreement, or the subject matter hereof, in which case the Escrow Agent shall be compensated by the Company for such extraordinary services and reimbursed for costs and expenses, including attorney's fees, occasioned by any delay, controversy, litigation or event, with the amount of such fees to be paid and costs and expenses to be reimbursed to be reasonably determined by the Company. Investment of Proceeds. The funds placed in the Escrow Account (the "Escrow Funds") shall be properly and promptly credited by the Escrow Agent. The Escrow Agent shall hold the funds in cash and uninvest.. On or prior to the date hereof, the parties shall provide the Escrow Agent with certified tax identification numbers by furnishing appropriate IRS forms W-9 or W-8 and other forms and documents that the Escrow Agent may reasonably request. The parties hereto understand that if such tax reporting documentation is not so certified to the Escrow Agent, Escrow Agent may be required by the Internal Revenue Code of 1986, as amended, to withhold a portion of any interest or other income earned on the Escrow Fund pursuant to this Escrow Agreement. To the extent ...
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee exhibit attached hereto as Appendix B. The Escrow Agent shall send a copy of each invoice to both Parent and the Stockholder Representative. Parent shall pay such compensation in cash upon receipt of the Escrow Agent's invoice. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent's services as contemplated by this Escrow Agreement; provided, however, that in the event that the Escrow Agent renders any material service not contemplated in this Escrow Agreement, or there is any assignment of interest in the subject matter of this Escrow Agreement, or any material modification hereof, or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Escrow Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney's fees (the "Extraordinary Expenses"), occasioned by any delay, controversy, litigation or event. The Escrow Agent may recover such Extraordinary Expenses from either Parent or the Stockholder Representative. The Parties agree, that amongst themselves, the Extraordinary Expenses shall be apportioned one-half (1/2) to Parent and one-half (1/2) to the Stockholder Representative (or the Stockholders pro rata pursuant to their Escrow Account Interest if the Stockholder Representative is unable to pay) upon receipt of the Escrow Agent's invoice by each Party.
Escrow Agent’s Fee. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit B, which compensation shall be paid by the Company. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that if (i) the conditions for the disbursement of funds under this Agreement are not fulfilled, (ii) the Escrow Agent renders any material service not contemplated in this Agreement, (iii) there is any assignment of interest in the subject matter of this Agreement, (iv) there is any material modification hereof, (v) if any material controversy arises hereunder, or (vi) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company. The Company’s obligations under this Section 8 shall survive the resignation or removal of the Escrow Agent and the assignment or termination of this Agreement.
