Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof. b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 9 contracts
Sources: Indemnification Escrow Agreement, Indemnification Escrow Agreement (Cornerstone Management, Inc.), Indemnification Escrow Agreement (Farmmi, Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds Funds, provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Placement Agent under Section 4 shall survive the termination hereof.
b. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Placement Agent at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Placement Agent within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Placement Agent all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deductiondecoction.
Appears in 5 contracts
Sources: Escrow Agreement (China Solar & Clean Energy Solutions, Inc.), Escrow Agreement (Fushi International Inc), Escrow Agreement (China Solar & Clean Energy Solutions, Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(e) and Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 3 contracts
Sources: Indemnification Escrow Agreement (QDM International Inc.), Underwriting Agreement (Prime Skyline LTD), Indemnification Escrow Agreement (JE Cleantech Holdings LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7)) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 3 contracts
Sources: Indemnification Escrow Agreement (EZGO Technologies Ltd.), Indemnification Escrow Agreement (Elite Education Group International LTD), Indemnification Escrow Agreement (Infobird Co., LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (Golden Bull LTD), Indemnification Escrow Agreement (Golden Bull LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f4(e) and to retain pursuant to Section 74(f)) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (Mobile Global Esports, Inc.), Indemnification Escrow Agreement (MingZhu Logistics Holdings LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f4(e) and to retain pursuant to Section 74(f)) upon presentation of the document executed documentation appointing the new escrow agent and its acceptance thereof. If no new escrow agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (Oriental Culture Holding LTD), Indemnification Escrow Agreement (Oriental Culture Holding LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Placement Agent under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Placement Agent at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Placement Agent within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Placement Agent all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deduction.
Appears in 2 contracts
Sources: Escrow Agreement (Tantech Holdings LTD), Escrow Agreement (Tantech Holdings LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(e) and Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (WORK Medical Technology Group LTD), Indemnification Escrow Agreement (WORK Medical Technology Group LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f4(e) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (MaxsMaking Inc.), Indemnification Escrow Agreement (MaxsMaking Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds Funds, provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Placement Agent under Section 4 shall survive the termination hereof.
b. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Placement Agent at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Placement Agent within the Notice Period, turn over to a successor escrow agent appointed by the Company Placement Agent and the Underwriter Company all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deduction.
Appears in 2 contracts
Sources: Escrow Agreement (China Security & Surveillance Technology, Inc.), Escrow Agreement (China Security & Surveillance Technology, Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Placement Agent under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Placement Agent at least fifteen (15) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Placement Agent within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Placement Agent all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (Newater Technology, Inc.), Indemnification Escrow Agreement (China Customer Relations Centers, Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Public Relations Held-Back Escrowed Funds and Investment Gain Funds Portion provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Subscribers under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Purchaser Representative at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Purchaser Representative within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Purchaser Representative all Public Relations Held-Back Escrowed Funds and Investment Gain Funds Portion (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deduction.
Appears in 1 contract
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Underwriters under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Underwriters at least fifteen (15) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Underwriters within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Underwriters all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 1 contract
Sources: Indemnification Escrow Agreement (HiTek Global Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(e) and Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 1 contract
Sources: Indemnification Escrow Agreement (CDT Environmental Technology Investment Holdings LTD)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 1 contract
Sources: Indemnification Escrow Agreement (Blue Hat Interactive Entertainment Technology)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Investor Relations Held-Back Escrowed Funds and Investment Gain Funds Portion provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Subscriber Representative at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Investor Relations Held-Back Escrowed Funds and Investment Gain Funds Portion (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deduction.
Appears in 1 contract
Sources: Investor and Public Relations Escrow Agreement (Weikang Bio-Technology Group Co., Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. 5.1 This Escrow Agreement shall terminate upon (a) disbursement of all of the Escrowed Funds Funds, and Investment Gain Funds (b) Escrow Termination Date as set forth under Section 3.3, whichever is earlier, provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Investors at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Investors within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Investors all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deductionInvestors from which they were received.
Appears in 1 contract
Termination of Agreement and Resignation of Escrow Agent. a. 5.1. This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds Funds, provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter Placement Agent under Section 4 shall survive the termination hereof.
b. 5.2. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter Placement Agent at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter Placement Agent within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter Placement Agent all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deductiondecoction. 6.
Appears in 1 contract
Sources: Escrow Agreement (Yongye Biotechnology International, Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company Company, the Placement Agent and the Underwriter Investor Representative under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company Company, the Placement Agent and the Underwriter Investor Representative at least fifteen five (155) business days written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company Company, the Placement Agent and the Underwriter Investor Representative within the Notice Period, turn over to a successor escrow agent appointed by the Company Company, the Placement Agent and the Underwriter Investor Representative all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f) and to retain pursuant to Section 7) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company parties from which they were received without interest or deduction.
Appears in 1 contract
Sources: Investor Relations Holdback Escrow Agreement (Kirin International Holding, Inc.)
Termination of Agreement and Resignation of Escrow Agent. a. This Agreement shall terminate upon disbursement of all of the Escrowed Funds and Investment Gain Funds provided that the rights of the Escrow Agent and the obligations of the Company and the Underwriter under Section 4 shall survive the termination hereof.
b. The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company and the Underwriter at least fifteen (15) 15 business days days’ written notice thereof (the “Notice Period”). As soon as practicable after its resignation, the Escrow Agent shall, if it receives notice from the Company and the Underwriter within the Notice Period, turn over to a successor escrow agent appointed by the Company and the Underwriter all Escrowed Funds and Investment Gain Funds (less such amount as the Escrow Agent is entitled to continue to retain and hold in escrow pursuant to Section 4(f4(e) and to retain pursuant to Section 74(f)) upon presentation of the document appointing the new escrow agent and its acceptance thereof. If no new escrow agent is so appointed within the Notice Period, the Escrow Agent shall return the Escrowed Funds and Investment Gain Funds to the Company without interest or deduction.
Appears in 1 contract