- 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 determined
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