Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / memo-escrow-deposit-recovery-risk.docx
memo-escrow-deposit-recovery-risk.docx
Parties
HARKNESS LLP
Northgate Wireless Americas Inc
Ridgeline Wireless Holdings LLC
Caldwell LLP
APA Ridgeline Wireless Holdings LLC
Northgate Telecommunications Partners Ltd
Vantage Spectrum Consultants Inc
NUS Holdings LLC
Dates
January 12, 2024
September 30, 2022
September 22, 2022
March 15, 2023
September 30, 2023
April 22, 2023
December 19, 2022
November 8, 2023
October 14, 2022
October 21, 2022
Amounts
$4,500,000
$126,500,000
$14,200,000
$140,700,000
$0.845
$12,500
$500,000
$1,500,000
$4.5
Obligations
The proviso — that the terminating party's own breach must not have caused the failure to close — is the critical contested issue, as discussed in Section IV
3(c) provides that the Deposit shall be returned to NWA "unless the parties otherwise agree in writing
The Escrow Agreement further provides that Meridian, as Escrow Agent, shall have no obligation to determine which party is entitled to the Deposit, shall not be required to take any action to resolve any dispute between the parties, and shall incur no liability for holding the Deposit during the pendency of any dispute
Under Nevada law, an anticipatory repudiation must be "clear and unequivocal"; mere expressions of doubt or requests to renegotiate may not suffice