Common use of Funded Indebtedness Clause in Contracts

Funded Indebtedness. On the Closing Date, concurrently with the Closing, the Purchaser and/or the Company (as determined by the Purchaser) shall deliver to the holders of Funded Indebtedness an amount sufficient to repay all Funded Indebtedness outstanding immediately prior to the Closing, with the result that immediately following the Closing there will be no further obligations of the Company, monetary or otherwise, with respect to any Funded Indebtedness outstanding immediately prior to the Closing. Prior to the Closing Date, the Seller will provide the Purchaser with customary pay-off letters from all holders of Funded Indebtedness outstanding immediately prior to the Closing, and make arrangements reasonably satisfactory to the Purchaser for such holders to provide to the Purchaser recordable form mortgage and lien releases, canceled notes, trademark and patent assignments (if applicable) and other documents reasonably requested by the Purchaser simultaneously with the Closing. If the Purchaser directs the Company to pay any of the Company's Funded Indebtedness, the Purchaser shall provide the Company with sufficient funds to do so.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Winsloew Furniture Inc), Stock Purchase Agreement (Winsloew Furniture Inc)

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Funded Indebtedness. On the Closing Date, concurrently with As soon as practical before the Closing, the Purchaser and/or the Company (as determined by the Purchaser) shall deliver to the holders of Funded Indebtedness an amount sufficient to repay all Funded Indebtedness outstanding immediately prior to the ClosingClosing (in connection with which the Seller shall cause the Company to apply Available Cash to the reduction of Funded Indebtedness), with the result that immediately following the Closing there will be no further obligations of the Company, monetary or otherwise, with respect to any Funded Indebtedness outstanding immediately prior to the Closing. Prior to the Closing Date, the Seller will provide the Purchaser with customary pay-off letters from all holders of Funded Indebtedness outstanding immediately prior to the Closing, and make arrangements reasonably satisfactory to the Purchaser for such holders to provide to the Purchaser recordable 8 12 form mortgage and lien releases, canceled notes, trademark and patent assignments (if applicable) and other documents reasonably requested by the Purchaser simultaneously with the Closing. If the Purchaser directs the Company to pay any of the Company's Funded Indebtedness, the Purchaser it shall provide the Company with sufficient funds to do so.

Appears in 1 contract

Samples: Stock Purchase Agreement (Winston Furniture Co of Alabama Inc)

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Funded Indebtedness. On the Closing Date, concurrently with the Closing, the Purchaser and/or the Company (as determined by the Purchaser) shall deliver to the holders of Funded Indebtedness an amount sufficient to repay all Funded Indebtedness outstanding immediately prior to the Closing, with the result that immediately following the Closing there will be no further obligations of the Company, monetary or otherwise, with respect to any Funded Indebtedness outstanding immediately prior to the Closing. Prior to the Closing Date, the Seller Sellers will provide the Purchaser with customary pay-off letters from all holders of Funded Indebtedness outstanding immediately prior to the Closing, and make arrangements reasonably satisfactory to the Purchaser for such holders to provide to the Purchaser recordable form mortgage and lien releases, canceled notes, trademark and patent assignments (if applicable) and other documents reasonably requested by the Purchaser simultaneously with the Closing. If the Purchaser directs the Company to pay any of the Company's Funded Indebtedness, the Purchaser shall provide the Company with sufficient funds to do so.

Appears in 1 contract

Samples: Stock Purchase Agreement (Winsloew Furniture Inc)

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