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Re: Diamond_Dog post# 80827

Friday, 02/23/2024 5:07:37 PM

Friday, February 23, 2024 5:07:37 PM

Post# of 81711
There is also this... The purchaser was to verify lot and batch numbers then deposit the money into escrow. there were 2 steps of verification. Another later in the process. and then yet another upon delivery.

3.3 Within one (1) business day of deposit confirmation by the Escrow Agent, Mahler will provide Seller and Purchaser, via Mahler’s Counsel, copies of all the following documentation
(collectively referred to herein as proof of life (“POL”) for 1 Billion Mask lot, which will encompass the 500 Million Mask lot that is being purchased, subject to 3M policies and procedures, via an online portal. The Parties will use their best efforts to deliver the POL within two (2) hours after the deposit confirmations by the Escrow Agent and the Moseley & Lester Firm.

SGS
Lot Numbers
Batch Numbers

3.4 Within one (1) business day of receiving all of the unredacted POL documentation for the 500 Million Mask lot as provided for in Section 3.3 above, Purchaser shall complete its independent verification of SGS report.

3.5 Upon validating the SGS Report, Purchaser shall transfer USD $895,500,000.00,
being the balance due Mahler, into the Moseley & Lester Escrow Account pursuant to the Moseley & Lester Escrow Agreement, and $45,000,000.00 shall be transferred by Purchaser into the Gordon, Arata, Montgomery, Barnett, LLC IOLTA Account (the “Gordon Arata Escrow Account”)
pursuant to the Gordon Arata Escrow Agreement, a copy of which is attached hereto as Exhibit “A-2”. The Parties agree the Total Purchase Price shall remain in the Escrow Accounts, pursuant to the terms of the Escrow Agreements and this SPA, through closing of the transaction and will be the final payment for the transaction.





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