Common use of RELEASE FROM GUARANTEES; REPAYMENT OF CERTAIN OBLIGATIONS Clause in Contracts

RELEASE FROM GUARANTEES; REPAYMENT OF CERTAIN OBLIGATIONS. Home shall use reasonable efforts to have the Stockholders released from any and all guarantees of the Company's indebtedness identified on Schedule 10.1. In the event that Home cannot obtain such releases from the lenders of any such guaranteed indebtedness identified on Schedule 10.1 on or prior to 120 days subsequent to the Funding and Consummation Date, Home shall promptly pay off or otherwise refinance or retire such indebtedness. From and after the Funding and Consummation Date and until such time as all of such indebtedness is paid off, refinanced or retired, Home shall maintain unencumbered funds in amounts sufficient to provide for such pay off, refinancing or retirement, provided that Home may use such funds for other purposes, in its sole discretion, with the prior written consent of each Stockholder who has not as of that time been released from his or her guarantee as described above and whose indebtedness as described above has not as of that time been paid off, refinanced or retired.

Appears in 6 contracts

Samples: Agreement and Plan of Organization (Homeusa Inc), Agreement and Plan of Organization (Homeusa Inc), Agreement and Plan of Organization (Homeusa Inc)

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RELEASE FROM GUARANTEES; REPAYMENT OF CERTAIN OBLIGATIONS. Home shall use reasonable efforts to have the Stockholders Stockholder released from any and all guarantees of the Company's indebtedness identified on Schedule 10.1. In the event that Home cannot obtain such releases from the lenders of any such guaranteed indebtedness identified on Schedule 10.1 on or prior to 120 days subsequent to the Funding and Consummation Date, Home shall promptly pay off or otherwise refinance or retire such indebtedness. From and after the Funding and Consummation Date and until such time as all of such indebtedness is paid off, refinanced or retired, Home shall maintain unencumbered funds in amounts sufficient to provide for such pay off, refinancing or retirement, provided that Home may use such funds for other purposes, in its sole discretion, with the prior written consent of each Stockholder who has not as of that time been released from his or her guarantee as described above and whose indebtedness as described above has not as of that time been paid off, refinanced or retired.

Appears in 2 contracts

Samples: Agreement and Plan of Organization (Homeusa Inc), Agreement and Plan of Organization (Homeusa Inc)

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RELEASE FROM GUARANTEES; REPAYMENT OF CERTAIN OBLIGATIONS. Home shall use reasonable efforts to have the Stockholders Owners released from any and all guarantees of the Company's indebtedness identified on Schedule 10.1. In the event that Home cannot obtain such releases from the lenders of any such guaranteed indebtedness identified on Schedule 10.1 on or prior to 120 days subsequent to the Funding and Consummation Date, Home shall promptly pay off or otherwise refinance or retire such indebtedness. From and after the Funding and Consummation Date and until such time as all of such indebtedness is paid off, refinanced or retired, Home shall maintain unencumbered funds in amounts sufficient to provide for such pay off, refinancing or retirement, provided that Home may use such funds for other purposes, in its sole discretion, with the prior written consent of each Stockholder Owner who has not as of that time been released from his or her guarantee as described above and whose indebtedness as described above has not as of that time been paid off, refinanced or retired.

Appears in 1 contract

Samples: Agreement and Plan of Organization (Homeusa Inc)

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