Common use of Access to Information; Current Information; Consultation Clause in Contracts

Access to Information; Current Information; Consultation. (a) Upon reasonable notice and subject to applicable laws, each of Buyer and Seller, for the purposes of verifying the representations and warranties of the other, compliance by a party and its Subsidiaries with the covenants and agreements of such party herein, and preparing for the Merger and the other matters contemplated by this Agreement, shall, and shall cause each of their respective Subsidiaries to, afford to the officers, employees, accountants, counsel, advisors and other representatives of the other party, access, during normal business hours during the period prior to the Effective Time, to all its properties, books, contracts, commitments, personnel, information technology systems, and records, and each shall cooperate with the other party in preparing to execute after the Effective Time conversion or consolidation of systems and business operations generally, and, during such period, each of Buyer and Seller shall, and shall cause its respective Subsidiaries to, make available to the other party, to the extent permissible under applicable law, (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or banking laws which is generally not available on the SEC's XXXXX internet database or from any Regulatory Agency, as applicable, and (ii) all other information concerning its business, properties and personnel as such party may reasonably request. Neither Buyer nor Seller nor any of their respective Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of Buyer's or Seller's, as the case may be, customers, jeopardize the attorney-client privilege of the party in possession or control of such information or contravene any law, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The Parties will use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply.

Access to Information; Current Information; Consultation. (a) Upon reasonable notice and subject to applicable laws, each of Buyer HomeTrust and Sellerthe Company, for the purposes of verifying the representations and warranties of the other, compliance by a party Party and its Subsidiaries Subsidiary with the covenants and agreements of such party Party herein, and preparing for the Merger and the Bank Merger and the other matters contemplated by this Agreement, shall, and shall cause each of their respective Subsidiaries its Subsidiary to, afford to the officers, employees, accountants, counsel, advisors and other representatives of the other partyParty, reasonable access, during normal business hours during the period prior to the Effective Time, to all its properties, books, contracts, commitments, personnel, information technology systems, and records, and each Party shall cooperate with the other party Party in preparing to execute after the Effective Time conversion or consolidation of systems and business operations generally, and, during such period. The Parties recognize that requests that prevent or materially impede the ability of the other Party to operate in the ordinary course of business would be unreasonable. From the date of this Agreement to the Effective Time, each of Buyer HomeTrust and Seller the Company shall, and shall cause its respective Subsidiaries Subsidiary to, make available to the other partyParty, to the extent permissible under applicable law, (i) a copy of each report, schedule, registration statement and other document filed with or received by it from a Governmental Entity during such period pursuant to the requirements of federal securities laws or banking laws which is generally not available on the SEC's ’s XXXXX internet database or from any Regulatory Agency, as applicabledatabase, and (ii) all other information concerning its business, properties and personnel as such party other Party may reasonably request. Neither Buyer HomeTrust nor Seller the Company nor any of their respective Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of Buyer's HomeTrust’s or Seller'sthe Company’s, or their respective Subsidiaries’, as the case may be, customers, jeopardize the attorney-client privilege of the party Party in possession or control of such information or contravene any law, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The Parties will use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply.. (b) The Company shall permit, and shall cause the Bank to permit, HomeTrust and/or an environmental consulting firm selected by HomeTrust, at the sole expense of HomeTrust, to conduct phase I and/or phase II environmental audits, studies and tests on Company Real Property (but subject to the consent of lessors with respect to the Company Leased Properties), and HomeTrust shall promptly provide, or shall cause to be promptly provided, to the Company the results of any such audits, studies, or tests; provided, however, that prior to conducting any phase II environmental audits, studies or tests, HomeTrust shall consult with the Company regarding the scope of the same. In the event any subsurface or phase II site assessments are conducted (which assessments shall be at HomeTrust's sole expense), HomeTrust shall indemnify the Company and the Bank for all costs and expenses associated with returning the property to its previous condition. (c) Subject to applicable law and regulations, during the period from the date hereof to the Effective Time, the Company and HomeTrust shall, upon the reasonable request of the other Party, cause one or more of its designated officers to confer on a monthly basis (or more frequently if the Parties reasonably agree that it is necessary) with the other Party’s officers regarding the financial condition, operations and business of the Company and the Bank, on one hand, and HomeTrust, on the other hand, and matters relating to the completion of the transactions contemplated by this Agreement. To the extent permissible under applicable law, as soon as reasonably available, but in no event more than five (5) business days after filing, the Company will deliver to HomeTrust and HomeTrust to the Company all reports filed by it or its Bank Subsidiary with any Regulatory Agency or other Governmental Entity subsequent to the date hereof including all Bank Call Reports

Access to Information; Current Information; Consultation. (a) Upon reasonable notice and subject to applicable laws, each of Buyer Southern Missouri and SellerTammcorp, for the purposes of verifying the representations and warranties of the other, compliance by a party and its Subsidiaries with the covenants and agreements of such party herein, and preparing for the Merger and the other matters contemplated by this Agreement, shall, and shall cause each of their respective Subsidiaries to, afford to the officers, employees, accountants, counsel, advisors and other representatives of the other party, access, during normal business hours during the period prior to the Effective Time, to all its properties, books, contracts, commitments, personnel, information technology systems, and records, and each shall cooperate with the other party in preparing to execute after the Effective Time conversion or consolidation of systems and business operations generally, and, during such period, each of Buyer Southern Missouri and Seller Tammcorp shall, and shall cause its respective Subsidiaries to, make available to the other party, to the extent permissible under applicable law, (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or banking laws which is generally not available on the SEC's XXXXX internet database or from any Regulatory Agency, as applicable, and (ii) all other information concerning its business, properties and personnel as such party may reasonably request. Neither Buyer Southern Missouri nor Seller Tammcorp nor any of their respective Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of BuyerSouthern Missouri's or SellerTammcorp's, as the case may be, customers, jeopardize the attorney-client privilege of the party in possession or control of such information or contravene any law, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The Parties will use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply.

Access to Information; Current Information; Consultation. (a) Upon reasonable notice and subject to applicable laws, each of Buyer HomeTrust and SellerTriSummit, for the purposes of verifying the representations and warranties of the other, compliance by a party and its Subsidiaries with the covenants and agreements of such party herein, and preparing for the Merger and the other matters contemplated by this Agreement, shall, and shall cause each of their respective Subsidiaries to, afford to the officers, employees, accountants, counsel, advisors and other representatives of the other party, reasonable access, during normal business hours during the period prior to the Effective Time, to all its properties, books, contracts, commitments, personnel, information technology systems, and records, and each party shall cooperate with the other party in preparing to execute after the Effective Time conversion or consolidation of systems and business operations generally, and, during such period. From the date of this Agreement to the Effective Time, each of Buyer HomeTrust and Seller TriSummit shall, and shall cause its respective Subsidiaries to, make available to the other party, to the extent permissible under applicable law, (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or banking laws which is generally not available on the SEC's ’s XXXXX internet database or from any Regulatory Agency, as applicabledatabase, and (ii) all other information concerning its business, properties and personnel as such other party may reasonably request. Neither Buyer HomeTrust nor Seller TriSummit nor any of their respective Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of Buyer's HomeTrust’s or Seller'sTriSummit’s, or their respective Subsidiaries’, as the case may be, customers, jeopardize the attorney-client privilege of the party in possession or control of such information or contravene any law, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The Parties will use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply.