Common use of Establishment of the Escrow Clause in Contracts

Establishment of the Escrow. The Merger Agreement provides for and the Company Participating Equityholders have consented to, by virtue of their approval of the Merger Agreement: (a) the establishment of the escrow arrangements set forth in this Escrow Agreement and (b) the appointment of the Indemnification Representative as the representative of the Company Participating Equityholders for purposes of this Escrow Agreement, and the taking by the Indemnification Representative of any and all actions and the making of any decisions required or permitted to be taken or made by it under this Escrow Agreement.

Establishment of the Escrow. The Merger Agreement provides for and the Company Participating Equityholders have consented to, by virtue of their approval of the Merger Agreement: (a) the establishment of the escrow arrangements set forth in this Escrow Agreement and (b) the appointment of the Indemnification Representative Stockholders’ Representatives as the representative representatives of the Company Participating Equityholders for purposes of this Escrow Agreement, and the taking by the Indemnification Representative Stockholders’ Representatives of any and all actions and the making of any decisions required or permitted to be taken or made by it them under this Escrow Agreement.