Common use of PAYMENT OF CONTRACTORS Clause in Contracts

PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.00) in the aggregate. The Borrower will further make available to the Administrative Agent, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory including, without limitation, the Dwellings.

Appears in 2 contracts

Samples: Master Loan and Inter (Horton D R Inc /De/), Master Loan and Inter Creditor Agreement (Horton D R Inc /De/)

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PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one two hundred thousand and no/100 dollars ($200,000.00) per subdivision or seven million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.007,000,000.00) in the aggregate. The Borrower will further make available to the Administrative Agent, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory including, without limitation, the Dwellings.

Appears in 1 contract

Samples: Master Loan and Inter Creditor Agreement (Horton D R Inc /De/)

PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, ---------------------- and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one five hundred thousand and no/100 dollars ($500,000.00) per subdivision or seven million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.007,000,000.00) in the aggregate. The Borrower will further make available to the Administrative Agent, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory including, without limitation, the Dwellings.

Appears in 1 contract

Samples: Master Loan and Inter Creditor Agreement (Horton D R Inc /De/)

PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent Bank in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one two hundred thousand and no/100 dollars ($200,000.00) per subdivision or seven million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.007,000,000.00) in the aggregate. The Borrower will further make available to the Administrative AgentBank, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory includingInventory, including without limitation, limitation the Dwellings.

Appears in 1 contract

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

PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one five hundred thousand and no/100 dollars ($500,000.00) per subdivision or seven million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.007,000,000.00) in the aggregate. The Borrower will further make available to the Administrative Agent, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory including, without limitation, the Dwellings.

Appears in 1 contract

Samples: Master Loan and Inter (Horton D R Inc /De/)

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PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent Lender in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one two hundred thousand and no/ 100 dollars ($200,000.00) per subdivision or seven million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.007,000,000.00) in the aggregate. The Borrower will further make available to the Administrative AgentLender, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory including, without limitation, the Dwellings.

Appears in 1 contract

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

PAYMENT OF CONTRACTORS. The Borrower shall pay in a timely manner, and shall cause its Restricted Subsidiaries to pay in a timely manner, any and all contractors and subcontractors who conduct work in or on the Inventory, subject to the right of the Borrower to contest any amount in dispute, so long as the contesting of such amount is pursued diligently and in good faith. The Borrower will advise the Administrative Agent Lender in writing immediately if the Borrower or any of its Restricted Subsidiaries receives any written notice from any contractor(s), subcontractor(s) or material furnisher(s) to the effect that said contractor(s) or material furnisher(s) have not been paid for any labor or materials furnished to or in the Inventory and such outstanding payment or payments are individually or collectively equal to or greater than one five hundred thousand and no/ 100 dollars ($500,000.00) per subdivision or seven million and no/100 dollars ($1,000,000.00) per subdivision or fourteen million and no/100 dollars ($14,000,000.007,000,000.00) in the aggregate. The Borrower will further make available to the Administrative AgentLender, for inspection and copying, on demand, any contracts, bills of sale, statements, receipted vouchers or agreements, under which the Borrower claims title to any materials, fixtures or articles used in the development of the Loan Inventory or construction of improvements on the Loan Inventory including, without limitation, the Dwellings.

Appears in 1 contract

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

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