Available Cash. The Corporation shall use reasonable best efforts to ensure that it has sufficient Available Cash to make all payments due under this Agreement, including using reasonable best efforts to determine that there is Available Cash and to cause the Company to make distributions to the Corporation to make such payments so long as such distributions do not violate (a) a prohibition, restriction or covenant under any credit agreement, loan agreement, note, indenture or other agreement governing indebtedness of the Company or any of its Subsidiaries or the Corporation or (b) restrictions under applicable law.
Appears in 6 contracts
Samples: Tax Receivable Agreement (Rubicon Technologies, Inc.), Agreement and Plan of Merger (Founder SPAC), Tax Receivable Agreement (Chobani Inc.)
Available Cash. The Corporation shall use commercially reasonable best efforts to ensure that it has sufficient Available Cash to make all payments due under this Agreement, including using commercially reasonable best efforts to determine that there is Available Cash and to cause the Company Partnership to make distributions to the Corporation to make such payments so long as such distributions do not violate (a) a prohibition, restriction or covenant under any credit agreement, loan agreement, note, indenture or other agreement governing indebtedness of the Company Partnership or any of its Subsidiaries or the Corporation or (b) restrictions under applicable law.
Appears in 4 contracts
Samples: Tax Receivable Agreement (StepStone Group Inc.), Tax Receivable Agreement (StepStone Group Inc.), Tax Receivable Agreement (StepStone Group Inc.)
Available Cash. The Corporation shall use commercially reasonable best efforts to ensure that it has sufficient Available Cash to make all payments due under this Agreement, including using commercially reasonable best efforts to determine that there is Available Cash and to cause the Company to make distributions to the Corporation to make such payments so long as such distributions do not violate (a) a prohibition, restriction or covenant under any credit agreement, loan agreement, note, indenture or other agreement governing indebtedness of the Company or any of its Subsidiaries or the Corporation or (b) restrictions under applicable law.
Appears in 2 contracts
Samples: Tax Receivable Agreement (Viant Technology Inc.), Tax Receivable Agreement (Viant Technology Inc.)