- 11 - 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 determinedPage: 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