Common use of Completion of Minimum Offering Clause in Contracts

Completion of Minimum Offering. Subject to the provisions of Section 10 hereof, Escrow Agent shall pay to Issuer the liquidated value of the Escrow Funds, by Automated Clearing House ("ACH"), no later than one (1) business day following receipt of the following documents: (1) A Minimum Offering Notice; (2) Instruction Letter (as defined below); and (3) Such other certificates, notices or other documents as Escrow Agent shall reasonably require. The Escrow Agent shall disburse the Escrow Funds by ACH from the Escrow Account in accordance with joint written instructions signed by both the Issuer and the NCPS as to the disbursement of such funds (the " Instruction Letter ") in accordance with this Section 4(a) . Notwithstanding the foregoing, Escrow Agent shall not be obligated to disburse the Escrow Funds to Issuer if Escrow Agent has reason to believe that (a) Investments in full payment for that number of Securities equal to or greater than the Minimum Offering have not been received, deposited with and collected by the Escrow Agent, or (b) any of the certifications and opinions set forth in the Minimum Offering Notice are incorrect or incomplete. After the initial disbursement of Escrow Funds to Issuer pursuant to this Section 4(a) , Escrow Agent shall pay to Issuer any additional funds received with respect to the Securities, by ACH, no later than one (1) business day after receipt.

Completion of Minimum Offering. Subject to the provisions of Section 10 hereof, Escrow Agent NCPS shall pay to Issuer the liquidated value of the Escrow Funds, by Automated Clearing House ("“ACH"”), no later than one (1) business day following receipt of the following documents: (1) A Minimum Offering Notice; (2) Subscription Accounting Spreadsheet substantiating the sale of the Minimum Offering and maintained by the sponsor; (3) Instruction Letter (as defined below); and (34) Such other certificates, notices or other documents as Escrow Agent NCPS shall reasonably require. The Escrow Agent NCPS shall disburse the Escrow Funds by ACH from the Escrow Account in accordance with joint written instructions signed by both the Issuer and the NCPS Issuer, [Placement Agent/Funding Portal/Platform] as to the disbursement of such funds (the " “Instruction Letter "Letter”) in accordance with this Section 4(a) ). Notwithstanding the foregoing, Escrow Agent NCPS shall not be obligated to disburse the Escrow Funds to Issuer if Escrow Agent NCPS has reason to believe that (a) Investments Cash Investment Instruments in full payment for that number of Securities equal to or greater than the Minimum Offering have not been received, deposited with and collected by the Escrow AgentNCPS, or (b) any of the certifications and opinions set forth in the Minimum Offering Notice are incorrect or incomplete. After the initial disbursement of Escrow Funds to Issuer pursuant to this Section 4(a) ), Escrow Agent NCPS shall pay to Issuer any additional funds received with respect to the Securities, by ACH, no later than one (1) business day after receipt.