Common use of Interpleader Clause in Contracts

Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the E▇▇▇▇▇▇ Money, unless mutual written instructions are received by the Escrow Agent directing the E▇▇▇▇▇▇ Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the E▇▇▇▇▇▇ Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the E▇▇▇▇▇▇ Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 7 contracts

Sources: Purchase and Sale Agreement (Asset Capital Corporation, Inc.), Purchase and Sale Agreement (Asset Capital Corporation, Inc.), Purchase and Sale Agreement (Asset Capital Corporation, Inc.)

Interpleader. Except as provided in Paragraph 9.2 Section 17.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the E▇▇▇▇▇▇ MoneyMoney Deposit, unless mutual written instructions are received by the Escrow Agent directing the E▇▇▇▇▇▇ Money’s Money Deposit's disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the E▇▇▇▇▇▇ Money Deposit or, at the Escrow Agent’s 's option, the Escrow Agent may interplead all parties and deposit the E▇▇▇▇▇▇ Money Deposit with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys' fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys' fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 6 contracts

Sources: Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty Corp), Agreement of Sale and Purchase (Mack Cali Realty L P)

Interpleader. Except as provided in Paragraph Section 9.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the E▇▇▇▇▇▇ Money, unless mutual written instructions are received by the Escrow Agent directing the E▇▇▇▇▇▇ Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the E▇▇▇▇▇▇ Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the E▇▇▇▇▇▇ Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses does not prevail in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.), Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser mutually agree that that, except as otherwise provided in Paragraph 10.2 above, in the event of any controversy regarding the E▇▇▇▇▇▇ Money, unless mutual written instructions are received by the Escrow Agent directing the E▇▇▇▇▇▇ Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the E▇▇▇▇▇▇ Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the E▇▇▇▇▇▇ Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement (MVP REIT, Inc.)

Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser mutually agree that that, except as otherwise provided in Section 9.2 above, in the event of any controversy regarding the E▇▇▇▇▇▇ Money, unless mutual written instructions are received by the Escrow Agent directing the E▇▇▇▇▇▇ Money’s disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the E▇▇▇▇▇▇ Money or, at the Escrow Agent’s option, the Escrow Agent may interplead all parties and deposit the E▇▇▇▇▇▇ Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys’ fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys’ fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser Buyer mutually agree that in the event of any controversy regarding the E▇▇▇▇▇▇ MoneyMoney after the expiration of the Due Diligence Period, unless mutual written instructions are received by the Escrow Agent directing the E▇▇▇▇▇▇ Money’s 's disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the E▇▇▇▇▇▇ Money or, at the Escrow Agent’s 's option, the Escrow Agent may interplead all parties and deposit the E▇▇▇▇▇▇ Money with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys' fees. Seller or PurchaserBuyer, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, as well as the reasonable attorneys' fees of the prevailing party in accordance with the other provisions of this the Purchase and Sale Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Varian Semiconductor Equipment Associates Inc)

Interpleader. Except as provided in Paragraph 9.2 above, Seller and Purchaser mutually agree that in the event of any controversy regarding the EEarn▇▇▇ ▇▇▇▇▇▇ Moneyey, unless mutual written instructions are received by the Escrow Agent directing the EEarn▇▇▇ ▇▇▇▇▇▇ Money’s ey's disposition, the Escrow Agent shall not take any action, but instead shall await the disposition of any proceeding relating to the EEarn▇▇▇ ▇▇▇▇▇▇ Money ey or, at the Escrow Agent’s 's option, the Escrow Agent may interplead all parties and deposit the EEarn▇▇▇ ▇▇▇▇▇▇ Money ey with a court of competent jurisdiction in which event the Escrow Agent may recover all of its court costs and reasonable attorneys' fees. Seller or Purchaser, whichever loses in any such interpleader action, shall be solely obligated to pay such costs and fees of the Escrow Agent, Agent as well as the reasonable attorneys' fees of the prevailing party in accordance with the other provisions of this Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Veritas Software Corp /De/)