Common use of Escrow Agent’s Fee Clause in Contracts

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 A. 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, of 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.

Appears in 1 contract

Sources: Escrow Agreement (Ats Medical Inc)

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 A. 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, of 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.

Appears in 1 contract

Sources: Escrow Agreement (Ats Medical Inc)

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 A. Exhibit C. 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, of 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.

Appears in 1 contract

Sources: Escrow Agreement (Ats Medical Inc)