Florida Industries Investment Corporation and Subsidiaries - Page 11




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               later than five (5) business days after the expiration                  
               of such period.                                                         
                    (3)  Any funds held by the Escrow Agent hereunder                  
               after making the distributions provided for in subpara-                 
               graphs 5(d)(1) and (2) above shall be paid to Buyer                     
               within five (5) days after expiration of the one hun-                   
               dred eighty (180) day period referred to above.                         
                    (e)  Defined Terms.  For purposes of this para-                    
               graph 5:                                                                
                    (1)  As used in subparagraphs 5(b) * * * and                       
               (d)(1), the term "Agreed Amount" shall mean an amount                   
               equal to the sum of the Net Cash, decreased by any                      
               portion thereof previously expended, or required under                  
               this paragraph 5 to be expended, by the Buyer for other                 
               Like Kind Property (together with the "growth factor"                   
               attributable thereto), or otherwise paid from the                       
               Escrow Fund at the direction of Buyer to Exchangor                      
               (together with the "growth factor" attributable there-                  
               to), pursuant to this Paragraph 5 (the "Modified Net                    
               Cash"), plus a "growth factor" equal to an amount                       
               determined by multiplying the Modified Net Cash by the                  
               product which results from multiplying *% by the actual                 
               number of days from the date of the closing provided                    
               for in Paragraph 5 hereof to the date of the acquisi-                   
               tion by Buyer of the Like Kind Property from the Owner                  
               as contemplated hereunder.                                              
               * to be determined                                                      
                    (2)  As used in subparagraph 5(d)(2), the term                     
               "Agreed Amount" shall mean an amount equal to the sum                   
               of the Net Cash decreased by any portion thereof previ-                 
               ously expended from the Escrow Fund at the direction of                 
               Buyer for other Like Kind Property (together with the                   
               "growth factor" attributable thereto), or otherwise                     
               paid from the Escrow Fund to Exchangor pursuant to this                 
               Paragraph 5 (the "Modified Net Cash"), plus a "growth                   
               factor" equal to an amount determined by multiplying                    
               the Modified Net Cash by the product which results from                 
               multiplying *% by the actual number of days from the                    
               Closing Date to the date the amounts due Exchangor as                   
               provided for in subparagraph 5(d)(2) are paid to                        
               Exchangor.                                                              
               * to be determined                                                      





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Last modified: May 25, 2011