Termination Fee Escrow Account definition
Examples of Termination Fee Escrow Account in a sentence
The Company and the Advisor shall equally share all costs of the Termination Fee Escrow Account including the reasonable fees and expenses of each Escrow Agent.
The Advisor shall have the right and power, without any further approval of the Company to cause the Escrow Agent to draw on the Letter of Credit, provided that any draws on the Letter of Credit shall remain in the Termination Fee Escrow Account.
Any cash in the Termination Fee Escrow Account that exceeds the amounts due and payable under Section 12.5(b) shall be disbursed by the Escrow Agent to the Company, by cashier’s check or wire transfer.
In addition to the Accrued Fees and the ERFP Repayment, upon the occurrence of the closing of a Company Change of Control, giving effect to the transfer of amounts deposited in the Termination Fee Escrow Account, the Company shall, subject to Section 19, pay to the Advisor at the Termination Payment Time the Termination Fee (and, for the avoidance of doubt, any working capital previously set aside pursuant to Section 12(d)(iv) to the extent needed to pay any balance on the Termination Fee).
Any cash in the Termination Fee Escrow Account that exceeds the amounts due and payable under Section 12(e)(ii) shall be disbursed by the Escrow Agent to the Company, by cashier’s check or wire transfer.
The Advisor shall retain all rights to pursue collection and payment of any amounts that are not otherwise paid through the exercise of rights under the Termination Fee Escrow Account, the Letter of Credit and against the Collateral.
Upon the execution and delivery of this Escrow Agreement, the Escrow Agent will transfer (or cause to be transferred), funds in the amount equal to $10,000,000 (the “Initial Escrow Property”) from the Subscription Escrow Account to the Termination Fee Escrow Account, by wire transfer of immediately available funds.
If any portion of required improvements fails to be accepted for dedication within the allocated time period, either for reason of incompletion or for reason of substandard construction, then the Planning Commission shall take the following action: Where improvements have been guaranteed, the Planning Commission shall declare whatever bond has been pledged to be forfeit.
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 Parent upon the deposit of funds into the Termination Fee Escrow Account.
Within 40 days following the execution and delivery of this Agreement, Parent and Company shall deliver joint written instructions to the Escrow Agent to transfer (or cause to be transferred), additional funds in the amount of $10,000,000 (the “Additional Escrow Property” and, together with the Initial Escrow Property, the “Escrow Property”) from the Subscription Escrow Account to the Termination Fee Escrow Account, by wire transfer of immediately available funds.