Common use of Stakeholder Clause in Contracts

Stakeholder. Escrow Agent is acting as a stakeholder only with respect to the ▇▇▇▇▇▇▇ Money. If there is any dispute as to whether Escrow Agent is obligated to deliver the ▇▇▇▇▇▇▇ Money or as to whom the ▇▇▇▇▇▇▇ Money is to be delivered, Escrow Agent may refuse to make any delivery and may continue to hold the ▇▇▇▇▇▇▇ Money until receipt by Escrow Agent of an authorization in writing, signed by Seller and Purchaser, directing the disposition of the ▇▇▇▇▇▇▇ Money, or, in the absence of such written authorization, until final determination of the rights of the parties in an appropriate judicial proceeding. If such written authorization is not given, or a proceeding for such determination is not begun, within thirty (30) days of notice to Escrow Agent of such dispute, Escrow Agent may bring an appropriate action or proceeding for leave to deposit the ▇▇▇▇▇▇▇ Money in a court of competent jurisdiction pending such determination. Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding, including, without limitation, reasonable attorneys’ fees and disbursements, by the party determined not to be entitled to the ▇▇▇▇▇▇▇ Money. Upon making delivery of the ▇▇▇▇▇▇▇ Money in any of the manners herein provided, Escrow Agent shall have no further liability or obligation hereunder.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Post Apartment Homes Lp), Purchase and Sale Agreement (Post Apartment Homes Lp)

Stakeholder. It is acknowledged that the Escrow Agent is acting as a stakeholder only with respect to the E▇▇▇▇▇▇ Money. If there is any dispute as to whether the Escrow Agent is obligated to deliver the E▇▇▇▇▇▇ Money or as to whom the E▇▇▇▇▇▇ Money is to be delivereddelivered following the expiration of the Due Diligence Period, the Escrow Agent may refuse to make any delivery and may continue to hold the E▇▇▇▇▇▇ Money until receipt by the Escrow Agent of an authorization in writing, signed by Seller and Purchaser, directing the disposition of the E▇▇▇▇▇▇ Money, or, in the absence of such written authorization, until final determination of the rights of the parties in an appropriate judicial proceeding. If such written authorization is not given, or a proceeding for such determination is not begun, within thirty (30) days of notice to the Escrow Agent of such dispute, the Escrow Agent may bring an appropriate action or proceeding for leave to deposit the E▇▇▇▇▇▇ Money in a court of competent jurisdiction located in the City of New York, State of New York pending such determination. The Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding, including, without limitation, reasonable attorneys’ fees and disbursements, by the party determined not to be entitled to the E▇▇▇▇▇▇ Money. Upon making delivery of the E▇▇▇▇▇▇ Money in any of the manners herein provided, Escrow Agent shall have no further liability or obligation hereunder.

Appears in 2 contracts

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

Stakeholder. Escrow Agent is acting as a stakeholder only with respect to the E▇▇▇▇▇▇ Money. If there is any dispute as to whether Escrow E▇▇▇▇▇ Agent is obligated to deliver the E▇▇▇▇▇▇ Money or as to whom the E▇▇▇▇▇▇ Money is to be delivered, Escrow Agent may refuse to make any delivery and may continue to hold the E▇▇▇▇▇▇ Money until receipt by Escrow Agent of an authorization in writing, signed by Seller S▇▇▇▇▇ and Purchaser, directing the disposition of the E▇▇▇▇▇▇ Money, or, in the absence of such written authorization, until final determination of the rights of the parties in an appropriate judicial proceeding. If such written authorization is not given, or a proceeding for such determination is not begun, within thirty (30) days of notice to Escrow Agent of such dispute, then Escrow Agent may bring an appropriate action or proceeding for leave to deposit the E▇▇▇▇▇▇ Money in a court of competent jurisdiction pending such determination. Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding, including, without limitation, reasonable attorneys’ fees and disbursements, by the party determined not to be entitled to the E▇▇▇▇▇▇ Money. Upon making delivery of the E▇▇▇▇▇▇ Money in any of the manners herein provided, Escrow Agent shall have no further liability or obligation hereunder.

Appears in 1 contract

Sources: Purchase and Sale Agreement (TerraCycle US Inc.)

Stakeholder. Escrow Agent is acting as a stakeholder only with respect to the ▇▇▇▇▇▇▇ Money. If there is any dispute as to whether Escrow Agent is obligated to deliver the ▇▇▇▇▇▇▇ Money or as to whom the ▇▇▇▇▇▇▇ Money is to be delivered, Escrow Agent may refuse to make any delivery and may continue to hold the ▇▇▇▇▇▇▇ Money until receipt by Escrow Agent of an authorization in writing, signed by Seller and Purchaser, directing the disposition of the ▇▇▇▇▇▇▇ Money, or, in the absence of such written authorization, until final determination of the rights of the parties in an appropriate judicial proceeding. If such written authorization is not given, or a proceeding for such determination is not begun, within thirty (30) days of notice to Escrow Agent of such dispute, Escrow Agent may bring an appropriate action or proceeding for leave to deposit the ▇▇▇▇▇▇▇ Money in a court of competent jurisdiction pending such determination. Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding, including, without limitation, reasonable attorneys' fees and disbursements, by the party determined not to be entitled to the ▇▇▇▇▇▇▇ Money. Upon making delivery of the ▇▇▇▇▇▇▇ Money in any of the manners herein provided, Escrow Agent shall have no further liability or obligation hereunder.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Post Apartment Homes Lp)

Stakeholder. Escrow Agent is acting as a stakeholder only with respect to the ▇▇▇▇▇▇▇ Money. If there is any dispute as to whether Escrow Agent is obligated to deliver the ▇▇▇▇▇▇▇ Money or as to whom the ▇▇▇▇▇▇▇ Money is to be delivered, Escrow Agent may refuse to make any delivery and may continue to hold the ▇▇▇▇▇▇▇ Money until receipt by Escrow Agent of an authorization in writing, signed by both Seller and Purchaser, directing the disposition of the ▇▇▇▇▇▇▇ Money, or, in the absence of such written authorization, until final determination of the rights of the parties in an appropriate judicial proceeding. If such written authorization is not given, or a proceeding for such determination is not begun, within thirty (30) days of notice to Escrow Agent of such dispute, Escrow Agent may bring an appropriate action or proceeding for leave to deposit the ▇▇▇▇▇▇▇ Money in a court of competent jurisdiction pending such determination. Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding, including, without limitation, reasonable attorneys’ fees and disbursements, by the party determined not to be entitled to the ▇▇▇▇▇▇▇ Money. Upon making delivery of the ▇▇▇▇▇▇▇ Money in any of the manners herein provided, Escrow Agent shall have no further liability or obligation hereunder.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Digital Realty Trust, Inc.)

Stakeholder. Escrow Agent is acting as a stakeholder only with respect to the ▇▇▇▇▇▇▇ Money. If there is any dispute as to whether Escrow Agent is obligated to deliver the ▇▇▇▇▇▇▇ Money or as to whom the ▇▇▇▇▇▇▇ Money is to be delivered, Escrow Agent may refuse to make any delivery and may continue to hold the ▇▇▇▇▇▇▇ Money until receipt by Escrow Agent of an authorization in writing, signed by Seller and Purchaser, directing the disposition of the ▇▇▇▇▇▇▇ Money, or, in the absence of such written authorization, until final determination of the rights of the parties in an appropriate judicial proceeding. If such written authorization is not given, or a proceeding for such determination is not begun, within thirty ten (3010) days of notice to Escrow Agent of such dispute, Escrow Agent may bring an appropriate action or proceeding for leave to deposit the ▇▇▇▇▇▇▇ Money in a court of competent jurisdiction pending such determination. Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding, including, without limitation, reasonable attorneys’ fees and disbursements, by the party determined not to be entitled to the ▇▇▇▇▇▇▇ Money. Upon making delivery of the ▇▇▇▇▇▇▇ Money in any of the manners herein provided, Escrow Agent shall have no further liability or obligation hereunder.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)