Scheduled Release. Subject to the provisions of this §5: (i) on ___, 2007 [15 months after Closing Date], Escrow Agent shall disburse to the N▇▇▇▇▇▇▇▇▇ Parties out of the Escrow Amount (A) 1/3 of the difference between the Original Share Deposit and any Alpha Shares disbursed pursuant to §4(g) plus (B) 1/3 of the total Cash Deposits, if any; and (ii) on ___, 2007 [18 months after Closing Date], Escrow Agent shall disburse to the N▇▇▇▇▇▇▇▇▇ Parties out of the Escrow Amount an additional (A) 1/3 of the difference between the Original Share Deposit and any Alpha Shares disbursed pursuant to §4(g) plus (B) 1/3 of the total Cash Deposits, if any (each of clause (i) and (ii), a “Scheduled Release Date”); provided, however, that in no event shall Escrow Agent disburse any Alpha Shares or Cash Deposit out of the Escrow Amount on a Scheduled Release Date unless Escrow Agent has, prior to the Scheduled Release Date, received joint written instructions of the Alpha Parties and the N▇▇▇▇▇▇▇▇▇ Parties in the form of Exhibit D attached to this Agreement (signed by Alpha Inc. and the Sellers Representative on behalf of the N▇▇▇▇▇▇▇▇▇ Parties), certifying that each of the matters described in Section 5.2(b)(vi), (vii) and (viii) of the Indemnification Agreement has been resolved to the satisfaction of the Alpha Parties (the “Release Instructions”). If the Escrow Agent does not receive the Release Instructions until after a Scheduled Release Date has occurred, the Escrow Agent shall disburse from the Escrow Amount (within 3 Business Days after receipt of the Release Instructions) that number of Alpha Shares and Cash Deposit, if any, that would have been released on any prior Scheduled Release Date.
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Scheduled Release. Subject to the provisions of this §Section 5:
(i) on ___January 26, 2007 [15 months after Closing Date]2007, Escrow Agent shall disburse to the N▇▇▇▇▇▇▇▇▇▇ Parties out of the Escrow Amount (A) 1/3 of the difference between the Original Share Deposit and any Alpha Shares disbursed pursuant to §Section 4(g) plus (B) 1/3 of the total Cash Deposits, if any; and
(ii) on ___April 26, 2007 [18 months after Closing Date]2007, Escrow Agent shall disburse to the N▇▇▇▇▇▇▇▇▇▇ Parties out of the Escrow Amount an additional (A) 1/3 of the difference between the Original Share Deposit and any Alpha Shares disbursed pursuant to §Section 4(g) plus (B) 1/3 of the total Cash Deposits, if any (each of clause (i) and (ii), a “"Scheduled Release Date”"); provided, however, that in no event shall Escrow Agent disburse any Alpha Shares or Cash Deposit out of the Escrow Amount on a Scheduled Release Date unless Escrow Agent has, prior to the Scheduled Release Date, received joint written instructions of the Alpha Parties and the N▇▇▇▇▇▇▇▇▇▇ Parties in the form of Exhibit D attached to this Agreement (signed by Alpha Inc. and the Sellers Representative on behalf of the N▇▇▇▇▇▇▇▇▇▇ Parties), certifying that each of the matters described in Section 5.2(b)(vi), (vii) and (viii) of the Indemnification Agreement has been resolved to the satisfaction of the Alpha Parties (the “"Release Instructions”"). The Release Instructions will also detail the number of Alpha Shares or amount of Cash Deposit that will be released. If the Escrow Agent does not receive the Release Instructions until after a Scheduled Release Date has occurred, the Escrow Agent shall disburse from the Escrow Amount (within 3 Business Days after receipt of the Release Instructions) that number of Alpha Shares and Cash Deposit, if any, that would have been released on any prior Scheduled Release Date.
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