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STONY PLAIN · E-2 FIELD GUIDE

What if the escrow instructions and purchase agreement describe different refund rights?

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THE DIRECT ANSWER

Resolve the actual operative arrangement before relying on either summary. Conflicting documents can leave the investment commitment unclear.

Compare the clauses side by side

Identify which parties signed, relevant effective dates and any amendments. Ask the transaction professionals to explain the legal effect; do not simply omit the more permissive cancellation clause from the immigration record. An updated draft should not be described as binding until the parties actually execute it. Preserve the history of changes and the real payment evidence.

The executed distribution agreement with schedules, the guarantee itself, any security or pledge documents, loan agreements and amortization terms, proof of ownership and value for pledged assets, and the transfer records tracing funds into the U.S. enterprise. The dealer agreements and manufacturer approval, three years of financial statements and tax returns, the lease or deed, payroll records, the fixed-asset and inventory list, and the executed purchase and escrow agreements. Where funds sit in escrow, the escrow instructions themselves become important: conditions that permit return to the buyer keep the money out of the analysis, and everyone involved should understand that before the closing structure is fixed.