Common use of ALL DELIVERIES AND ACTIONS DEEMED SIMULTANEOUS; ESCROW AGREEMENT Clause in Contracts

ALL DELIVERIES AND ACTIONS DEEMED SIMULTANEOUS; ESCROW AGREEMENT. All deliveries and actions made at the Closing shall be deemed to have been made or occurred simultaneously irrespective of when made or occurring, and unless all such deliveries and actions have been made or occurred, none shall have been deemed to have been made or occurred, and if made shall be returned to the delivering party or parties, and if occurred shall be canceled. The Closing shall not occur unless the Escrow Agent executes and delivers counterparts of the Escrow Agreement to each of the parties thereto.