Common use of Repurchase of Notes Clause in Contracts

Repurchase of Notes. Neither the Company nor any Restricted Subsidiary, directly or indirectly or through any Affiliate, may repurchase or make any offer to repurchase any Notes unless an offer has been made to repurchase Notes, PRO RATA, from all Holders at the same time and upon the same terms (without regard to the different maturities but taking into account the interest rates applicable to each series of Notes). In case the Company repurchases or otherwise acquires any Notes, such Notes shall immediately thereafter be cancelled and no Notes shall be issued in substitution therefor. Without limiting the foregoing, upon the repurchase or other acquisition of any Notes by the Company, any Restricted Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement relating to the taking by the Holders of any actions with respect hereto, including, without limitation, SECTIONS 6.3, 6.4 and 7.1.

Repurchase of Notes. Neither the Company nor any Restricted SubsidiaryConsolidated Subsidiary or Affiliate, directly or indirectly or through any Affiliateindirectly, may repurchase or make any offer to repurchase any Notes unless an offer has been made to repurchase Notes, PRO RATApro rata (without regard to the Series of such Notes), from all Holders holders of the Notes at the same time and upon the same terms (without regard to the different maturities but taking into account the interest rates applicable to each series of Notes)terms. In case the Company repurchases or otherwise acquires any Notes, such Notes shall immediately thereafter be cancelled canceled and no Notes shall be issued in substitution therefor. Without limiting the foregoing, upon the repurchase or other acquisition of any Notes by the Company, any Restricted Consolidated Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement relating to the taking by the Holders holders of the Notes of any actions with respect hereto, including, including without limitation, SECTIONS §6.3, §6.4 and §7.1.

Repurchase of Notes. Neither the Company nor any Restricted SubsidiarySubsidiary or Affiliate controlled by the Company, directly or indirectly or through any Affiliateindirectly, may repurchase or make any offer to repurchase any Notes unless an offer has been made to repurchase Notes, PRO RATApro rata, from all Holders holders of the Notes at the same time and upon the same terms (without regard to the different maturities but taking into account the interest rates applicable to each series of Notes)terms. In case the Company or any Subsidiary repurchases or otherwise acquires any Notes, such Notes shall immediately thereafter be cancelled and no Notes shall be issued in substitution therefor. Without Meritage Corporation Note Agreement limiting the foregoing, upon the repurchase or other acquisition of any Notes by the Company, any Restricted Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement relating to the taking by the Holders holders of the Notes of any actions with respect hereto, including, without limitation, SECTIONS 6.3ss.6.3, 6.4 ss.6.4 and 7.1ss.7.1.

Repurchase of Notes. Neither the Company nor any Restricted SubsidiarySubsidiary nor any Affiliate will, directly or indirectly or through any Affiliateindirectly, may repurchase or make any offer to repurchase any Notes unless an offer the Company or such Subsidiary or Affiliate has been made offered to repurchase such Notes, PRO RATApro rata, from all Holders at holders of the same time Notes and otherwise upon the same terms (without regard to the different maturities but taking into account the interest rates applicable to each series of Notes)and conditions set forth in Section 2 hereof. In case the Company or any Subsidiary or Affiliate repurchases or otherwise acquires any Notes, such Notes shall immediately thereafter be cancelled and no Notes shall be issued in substitution therefor. Without limiting the foregoing, upon the repurchase purchase or other acquisition of any Notes by the Company, any Restricted Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement or any of the Mortgages relating to the taking by the Holders holders of the Notes of any actions with respect thereto or hereto, including, without limitation, SECTIONS 6.3, 6.4 and 7.1Sections 6 or 7.

Repurchase of Notes. Neither Except as permitted in Section 2.2 and 9.2, neither the Company nor any Restricted SubsidiaryConsolidated Subsidiary or Affiliate, directly or indirectly or through any Affiliateindirectly, may repurchase or make any offer to repurchase any Notes unless an offer has been made to repurchase Notes, PRO RATApro rata (without regard to the Series of such Notes), from all Holders holders of the Notes at the same time and upon the same terms (without regard to the different maturities but taking into account the interest rates applicable to each series of Notes)terms. In case the Company repurchases or otherwise acquires any Notes, such Notes shall immediately thereafter be cancelled canceled and no Notes shall be issued in substitution therefor. Without limiting the foregoing, upon the repurchase or other acquisition of any Notes by the Company, any Restricted Consolidated Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement relating to the taking by the Holders holders of the Notes of any actions with respect hereto, including, including without limitation, SECTIONS §6.3, §6.4 and §7.1.