Common use of Termination of Agreement and Resignation of Escrow Agent Clause in Contracts

Termination of Agreement and Resignation of Escrow Agent. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds, provided that the rights of the Escrow Agent and the obligations of the Company under Section 4 shall survive the termination hereof. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company at least five (5) 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 within the Notice Period, turn over to a successor escrow agent appointed by the Company all Escrowed Funds (less such amount as the Escrow Agent is entitled 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 to the parties from which they were received without interest or deduction.

Appears in 6 contracts

Sources: Escrow Agreement (Go Public Acquisition Corp I), Closing Escrow Agreement (China New Energy Group CO), Escrow Agreement (Go Public Acquisition Corp II)

Termination of Agreement and Resignation of Escrow Agent. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds, provided that the rights of the Escrow Agent and the obligations of the Company under Section 4 shall survive the termination hereof. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company at least five (5) 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 within the Notice Period, turn over to a successor escrow agent appointed by the Company all Escrowed Funds (less such amount as the Escrow Agent is entitled 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 to the parties from which they were received without interest or deductiondeduction (except as set forth in Section 7.3).

Appears in 2 contracts

Sources: Note Purchase Agreement (China SLP Filtration Technology, Inc.), Escrow Agreement (Perpetual Technologies, Inc.)

Termination of Agreement and Resignation of Escrow Agent. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Escrow Funds, provided that the rights of the Escrow Agent and the obligations of the Company under Section 4 shall survive the termination hereof. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company Escrowing Parties at least five (5) business days 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 Escrowing Parties within the Notice Period, turn over to a successor escrow agent appointed by the Company Escrowing Parties all Escrowed Escrow Funds (less such amount as the Escrow Agent is entitled 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 Escrow Funds in equal amounts to the parties from which they were received Escrowing Parties without interest or deduction.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (First Independence Corp.)

Termination of Agreement and Resignation of Escrow Agent. 5.1 6.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds, provided that the rights of the Escrow Agent and the Investors and the obligations of the Company under Section 4 5 shall survive the termination hereof. 5.2 6.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company at least five (5) 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 within the Notice Period, turn over to a successor escrow agent appointed by the Company all Escrowed Funds (less such amount as the Escrow Agent is entitled to retain pursuant to Section 7) 8) 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 to the parties from which they were received without interest or deduction.

Appears in 1 contract

Sources: Holdback Escrow Agreement (Discovery Technologies Inc)

Termination of Agreement and Resignation of Escrow Agent. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds, provided that the rights of the Escrow Agent and the obligations of the Company under Section 4 shall survive the termination hereof. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company at least five (5) 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 within the Notice Period, turn over to a successor escrow agent jointly appointed by the Company and the Placement all Escrowed Funds (less such amount as the Escrow Agent is entitled 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 deposit the Escrowed Funds to with the parties from which they were received without interest or deductionclerk of the court of competent jurisdiction.

Appears in 1 contract

Sources: Escrow Agreement (China Agricorp, Inc)

Termination of Agreement and Resignation of Escrow Agent. 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds, provided that the rights of the Escrow Agent and the obligations of the Company ABM under Section 4 shall survive the termination hereof. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company ABM at least five (5) 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 ABM within the Notice Period, turn over to a successor escrow agent appointed by the Company ABM all Escrowed Funds (less such amount as the Escrow Agent is entitled 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 to the parties from which they were received without interest or deduction.

Appears in 1 contract

Sources: Escrow Agreement (Aamaxan Transport Group, Inc.)

Termination of Agreement and Resignation of Escrow Agent. 256 5.1 This Escrow Agreement shall terminate upon disbursement of all of the Escrowed Funds, provided that the rights of the Escrow Agent and the obligations of the Company under Section 4 shall survive the termination hereof. 5.2 The Escrow Agent may resign at any time and be discharged from its duties as Escrow Agent hereunder by giving the Company at least five (5) 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 within the Notice Period, turn over to a successor escrow agent appointed by the Company all Escrowed Funds (less such amount as the Escrow Agent is entitled 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 to the parties from which they were received without interest or deductiondecuction.

Appears in 1 contract

Sources: Series a Convertible Preferred Stock Purchase Agreement (Victory Divide Mining CO)