Common use of Pre-Closing Distributions Clause in Contracts

Pre-Closing Distributions. Prior to the Closing, the Company may have distributed to the Stockholders the cash and other assets set forth on Schedule 7.08. Any such distributions shall have been authorized by the Board of Directors of the Company prior to the Closing, and the Company and the Stockholders shall have used the respective best efforts to complete such distributions prior to the Closing. Notwithstanding the foregoing, if any such authorized distributions have not been completed prior to the Closing the Surviving Corporation shall use reasonable efforts to complete such authorized distributions after the Closing. The Stockholders' sole recourse against the Surviving Corporation and U.S. Concrete with respect to this Section 7.08 shall be to the assets to be distributed.

Pre-Closing Distributions. Prior to the Closing, the Company may have distributed to the Stockholders the cash and other assets set forth on Schedule 7.08. Any such distributions shall have been authorized by the Board of Directors of the Company prior to the Closing, and the Company and the Stockholders shall have used the respective best efforts to complete such distributions prior to the Closing. Notwithstanding the foregoing, if any such authorized distributions have not been completed prior to the Closing the Surviving Corporation shall use reasonable efforts to complete such authorized distributions after the Closing. The Stockholders' sole recourse against the Surviving Corporation and U.S. Concrete with respect to this Section 7.08 shall be to the assets to be distributed.

Pre-Closing Distributions. Prior to the Closing, the Company may have distributed to the Stockholders the cash and other assets set forth on Schedule 7.087.09. Any such distributions shall have been authorized by the Board of Directors of the Company prior to the Closing, and the Company and the Stockholders shall have used the respective best efforts to complete such distributions prior to the Closing. Notwithstanding the foregoing, if any such authorized distributions have not been completed prior to the Closing the Surviving Corporation Buyer shall use reasonable efforts to complete such authorized distributions after the Closing. The Stockholders' sole recourse against the Surviving Corporation Buyer and U.S. Concrete with respect to this Section 7.08 7.09 shall be to the assets to be distributed.