Common use of Distributions, Repurchases of Stock, Etc Clause in Contracts

Distributions, Repurchases of Stock, Etc. Borrower (a) shall not, and shall not permit any Loan Party to, declare or make, directly or indirectly, any Distribution, and (b) shall not repurchase, redeem, retire, cancel, terminate or otherwise acquire any of its capital stock or other equity interest in the Borrower (including, without limitation, any instrument convertible into its capital stock or other equity interest) or any option, warrant or other right to acquire any such capital stock or such other equity interest, in the case of clause (a) or (b) at any time unless (i) no Default or Unmatured Default shall have occurred and be continuing or shall result therefrom and (ii) the Borrower shall be in compliance with the covenants under Section 7.27 on a pro forma basis after giving effect thereto.

Appears in 6 contracts

Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)

AutoNDA by SimpleDocs

Distributions, Repurchases of Stock, Etc. Borrower Borrower (a) shall not, and shall not permit any Loan Party to, declare or make, directly or indirectly, any Distribution, and (b) shall not repurchase, redeem, retire, cancel, terminate or otherwise acquire any of its capital stock or other equity interest in the Borrower (including, without limitation, any instrument convertible into its capital stock or other equity interest) or any option, warrant or other right to acquire any such capital stock or such other equity interest, in the case of clause (a) or (b) at any time unless (i) no Default or Unmatured Default shall have occurred and be continuing or shall result therefrom and (ii) the Borrower shall be in compliance with the covenants under Section 7.27 on a pro forma basis after giving effect thereto.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Horton D R Inc /De/)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!