Pre-Closing Distributions. At any time and from time to time prior to the Closing, including on the Closing Date, Seller may cause any member of the NOARK Group to distribute all or any portion of the cash and cash equivalents held by any member of the NOARK Group to Seller so as to reduce the Working Capital of the NOARK Group on the Closing Date to the Required Working Capital Balance or as close thereto as is reasonably practicable; provided, however, that Seller may not cause any distribution to the extent it would result in a deviation from the Closing Date Estimate, would result in insufficient cash in the Business to support any outstanding drafts or would be in violation of the covenants set forth in Section 5.1.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Atlas America Inc), Securities Purchase Agreement (Atlas Pipeline Partners Lp), Securities Purchase Agreement (Atlas Pipeline Holdings, L.P.)
