Common use of PRE-CLOSING DIVIDEND Clause in Contracts

PRE-CLOSING DIVIDEND. (a) Seller shall cause ▇▇▇▇▇▇ ▇▇▇▇▇▇ to (i) apply to FINRA for a Pre-Closing Dividend of up to $250 million in cash to be paid on or prior to the Closing Date and (ii) use its reasonable best efforts to have the Pre-Closing Dividend approved as promptly as possible. (b) Seller may, in its sole discretion, also cause the Companies and the Transferred Subsidiaries to sell any auction rate securities, Limited Partnership Interests and Other Investments prior to the Closing Date (either to Seller, any of Seller’s Affiliates (other than the Companies or the Transferred Subsidiaries) or a third party).