- 11 - applied first to pay interest and then to reduce principal. * * * * * * * D. Concurrently with the execution of this Agreement, PULLIAM shall deliver the stock being sold to DECKARD to The First National Bank in Robinson as escrow agent, said stock to be endorsed in blank for transfer. Said escrow agent shall hold the stock being sold until satisfactory proof has been furnished to the escrow agent that the purchase price hereunder, together with interest as herein provided, has been fully paid, and upon satisfactory proof of payment of the purchase price in full shall deliver such stock to DECKARD. If DECKARD shall fail to make any installment payment when due and shall not correct such failure within 90 days thereafter, following notice by PULLIAM, then at the option of PULLIAM this Agreement shall be terminated. Upon termination, the parties shall cause a portion of the stock covered by this Agreement to be transferred to DECKARD, said portion being the amount which DECKARD has made principal payments on based upon a price per share of $789.00 excluding any fractional shares. The balance of the stock shall be transferred to PULLIAM. The escrow agent may conclusively rely on the Affidavit of PULLIAM that DECKARD is in default hereunder and of PULLIAM's election to terminate this Agreement. It is understood and agreed by all parties hereto that the escrow agent assumes no personal liability except for fraud knowingly committed. The escrow agent shall be entitled to a reasonable fee for his services under this Agreement. The cost of such fee shall be shared equally by PULLIAM and DECKARD and shall be paid directly to the escrow agent as and when billed. E. So long as DECKARD shall not be in default under the provisions of this Agreement, he shall have all of the voting and other customary rights of a shareholder of record with respect to the stock being purchased from PULLIAM. In the event DECKARD shall be in default under the provisions of this Agreement, then his voting and other rights shall cease and such rights shall be vested in PULLIAM.. F. During the term of this Agreement, neither DECKARD nor PULLIAM shall take any action to cause any additional shares of common capital stock of the Corporation to be issued. * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011