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Common use of Acquisitions Clause in Contracts

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 62 contracts

Samples: Merger Agreement (CNB Financial Corp/Pa), Merger Agreement (Evans Bancorp Inc), Merger Agreement (NBT Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityPerson.

Appears in 21 contracts

Samples: Merger Agreement (LCNB Corp), Merger Agreement (LCNB Corp), Merger Agreement (Peoples Bancorp Inc)

Acquisitions. Acquire Except as Previously Disclosed, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 19 contracts

Samples: Agreement and Plan of Reorganization (Summit Financial Group Inc), Merger Agreement (Summit Financial Group Inc), Agreement and Plan of Reorganization (United Bankshares Inc/Wv)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 18 contracts

Samples: Merger Agreement (Southern Missouri Bancorp, Inc.), Merger Agreement (Parkway Acquisition Corp.), Merger Agreement (Southern Missouri Bancorp, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, securities, deposits or properties of any other entity.

Appears in 16 contracts

Samples: Merger Agreement (Camden National Corp), Merger Agreement (Orrstown Financial Services Inc), Merger Agreement (PCSB Financial Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted prior to the date hereof in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other person or entity.

Appears in 15 contracts

Samples: Merger Agreement (Southern Missouri Bancorp, Inc.), Merger Agreement (Southern Missouri Bancorp, Inc.), Merger Agreement (BayCom Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted prior to the date hereof in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits business or properties of any other entityPerson.

Appears in 12 contracts

Samples: Merger Agreement (Professional Holding Corp.), Merger Agreement (Professional Holding Corp.), Merger Agreement (CenterState Banks, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any portion of the assets, debt, business, deposits or properties of any other entityentity or Person, except for purchases specifically approved by CenterState pursuant to any other applicable paragraph of this Section 5.01.

Appears in 10 contracts

Samples: Merger Agreement (Charter Financial Corp), Merger Agreement (CenterState Bank Corp), Merger Agreement (Charter Financial Corp)

Acquisitions. Acquire Other than in the ordinary course of business, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 8 contracts

Samples: Merger Agreement (S&t Bancorp Inc), Merger Agreement (Customers Bancorp, Inc.), Merger Agreement (CMS Bancorp, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with other such transactions, is not material to it and its subsidiaries, taken as a whole.

Appears in 8 contracts

Samples: Merger Agreement (M&t Bank Corp), Merger Agreement (Riggs National Corp), Merger Agreement (Sterling Financial Corp /Pa/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities, deposits or properties of any other entity.

Appears in 8 contracts

Samples: Merger Agreement (FNB Bancorp/Ca/), Merger Agreement (Trico Bancshares /), Agreement and Plan of Reorganization (Heritage Oaks Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or foreclosures, acquisitions of control in a bona fide fiduciary capacity or similar capacity, acquisitions of loans or participation interests, or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business and consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityperson.

Appears in 8 contracts

Samples: Investment Agreement (Flagstar Bancorp Inc), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity, or acquire mortgage servicing rights, except in connection with existing correspondent lending relationships in the ordinary and usual course of business consistent with past practice.

Appears in 7 contracts

Samples: Merger Agreement (Sky Financial Group Inc), Merger Agreement (Sky Financial Group Inc), Merger Agreement (Belmont Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted prior to the date hereof in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits business or properties of any person, except as otherwise permitted by other entitysubsections of this Section 5.2.

Appears in 6 contracts

Samples: Merger Agreement (Cascade Bancorp), Merger Agreement (Home Federal Bancorp, Inc.), Merger Agreement (Cascade Bancorp)

Acquisitions. Acquire Except as Previously Disclosed or in the ordinary course of its business, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 6 contracts

Samples: Merger Agreement (Valley Financial Corp /Va/), Merger Agreement (BNC Bancorp), Merger Agreement (United Bankshares Inc/Wv)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 6 contracts

Samples: Merger Agreement (Northeast Bancorp /Me/), Merger Agreement (Merrill Merchants Bancshares Inc), Merger Agreement (Danvers Bancorp, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities, deposits or properties of any other entityPerson.

Appears in 6 contracts

Samples: Agreement and Plan of Merger and Reorganization (Plumas Bancorp), Agreement and Plan of Merger and Reorganization (Plumas Bancorp), Merger Agreement (First Foundation Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits deposits, or properties of any other entity.

Appears in 6 contracts

Samples: Merger Agreement (Enterprise Bancorp Inc /Ma/), Merger Agreement (Lakeland Bancorp Inc), Merger Agreement (Independent Bank Corp)

Acquisitions. Acquire Except as Previously Disclosed, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityentity except in the ordinary course of business and in a transaction that is not material to it and its Subsidiaries taken as a whole.

Appears in 5 contracts

Samples: Merger Agreement (Wachovia Corp/ Nc), Merger Agreement (Wachovia Corp/ Nc), Merger Agreement (Coast Savings Financial Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 6.1(r)), deposits or properties of any other entity.

Appears in 5 contracts

Samples: Merger Agreement (HomeStreet, Inc.), Merger Agreement (Simplicity Bancorp, Inc.), Merger Agreement (HomeStreet, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any portion of the assets, business, deposits or properties of any other entity, except for purchases specifically approved by Buyer pursuant to any other applicable paragraph of this Section 5.01.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Bear State Financial, Inc.), Merger Agreement (Bank of the Carolinas CORP), Merger Agreement (Bank of the Ozarks Inc)

Acquisitions. Acquire or agree to acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any substantial portion of the assets, debt, business, deposits or properties of any other entityentity or Person, except for purchases specifically approved by FBMS pursuant to any other applicable paragraph of this Section 5.01.

Appears in 5 contracts

Samples: Merger Agreement (First Bancshares Inc /MS/), Merger Agreement (First Bancshares Inc /MS/), Merger Agreement (Southwest Georgia Financial Corp)

Acquisitions. Acquire Except in the ordinary course of its business, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 4 contracts

Samples: Merger Agreement (Bay Banks of Virginia Inc), Merger Agreement (Cardinal Financial Corp), Agreement and Plan of Reorganization (United Bankshares Inc/Wv)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityperson.

Appears in 4 contracts

Samples: Merger Agreement (LendingClub Corp), Merger Agreement (Cullen Frost Bankers Inc), Merger Agreement (Summit Bancshares Inc /Tx/)

Acquisitions. Acquire (other than by way of foreclosures or foreclosures, acquisitions of control in a bona fide fiduciary capacity or similar capacity, acquisitions of loans or participation interests, or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business and consistent with past practice, including as to amounts) all or any portion of the assets, business, deposits or properties of any other entityperson.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation, purchasing any equity interest in or making any investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 3.1(r)), deposits or properties of any other entityPerson.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization and Merger, Merger Agreement (Central Valley Community Bancorp), Merger Agreement (Central Valley Community Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityentity or acquire mortgage servicing rights except in connection with existing correspondent lending relationships in the ordinary course of business consistent with past practice.

Appears in 4 contracts

Samples: Merger Agreement (Sky Financial Group Inc), Merger Agreement (Sky Financial Group Inc), Merger Agreement (GLB Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, equity interests, deposits or properties of any other entityPerson (other than purchases of loans and loan participations pursuant to Section 5.01(q)).

Appears in 4 contracts

Samples: Merger Agreement (Banc of California, Inc.), Merger Agreement (Pacific Mercantile Bancorp), Merger Agreement (CU Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity; or acquire mortgage servicing rights except in connection with existing correspondent lending relationships in the ordinary course of business consistent with past practice.

Appears in 3 contracts

Samples: Merger Agreement (Metropolitan Financial Corp /Oh/), Merger Agreement (Sky Financial Group Inc), Merger Agreement (Sky Financial Group Inc)

Acquisitions. Acquire (Acquire, other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) , all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 3 contracts

Samples: Merger Agreement (First Chester County Corp), Merger Agreement (NSD Bancorp Inc), Merger Agreement (First Keystone Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or similar capacity, through an investment advisory or trust account, or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practicecourse) all or any portion of the assets, business, deposits or properties of any other entityperson.

Appears in 3 contracts

Samples: Merger Agreement (Citizens Community Bancorp Inc.), Stock Purchase Agreement (Citizens Community Bancorp Inc.), Merger Agreement (Umb Financial Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 3 contracts

Samples: Merger Agreement (Texas Regional Bancshares Inc), Merger Agreement (Texas Regional Bancshares Inc), Merger Agreement (Southtrust Corp)

Acquisitions. Acquire Except as Previously Disclosed, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityPerson, except in the ordinary course of business consistent with past practice and in a transaction that is not material to the Seller and the Seller Subsidiaries taken as a whole.

Appears in 3 contracts

Samples: Merger Agreement (Midwest Banc Holdings Inc), Merger Agreement (Midwest Banc Holdings Inc), Merger Agreement (Stifel Financial Corp)

Acquisitions. Acquire Except in the ordinary course of its business, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 3 contracts

Samples: Merger Agreement (United Bankshares Inc/Wv), Agreement and Plan of Reorganization (Community Bankers Trust Corp), Merger Agreement (United Bankshares Inc/Wv)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to the Company.

Appears in 3 contracts

Samples: Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any a material portion of the assets, debt, business, deposits or properties of any other entityPerson.

Appears in 3 contracts

Samples: Merger Agreement (Enterprise Financial Services Corp), Merger Agreement (Enterprise Financial Services Corp), Merger Agreement (First Choice Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, deposits or properties of any Person or division or business unit thereof, in each case, other entitythan in the ordinary course of business consistent with past practice.

Appears in 3 contracts

Samples: Merger Agreement (Shore Bancshares Inc), Merger Agreement (Community Financial Corp /Md/), Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation, purchasing any equity interest in or making any investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 4.1(r)), deposits or properties of any other entityPerson.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization and Merger (Community West Bancshares /), Merger Agreement (Plumas Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityperson, except in the ordinary course of business consistent with past practice.

Appears in 2 contracts

Samples: Merger Agreement (Newalliance Bancshares Inc), Merger Agreement (First Niagara Financial Group Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityPerson, or acquire mortgage servicing rights, except in connection with existing correspondent lending relationships in the ordinary and usual course of business consistent with past practice.

Appears in 2 contracts

Samples: Merger Agreement (Park National Corp /Oh/), Merger Agreement (Vision Bancshares Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityPerson (other than purchases of loans and loan participations made in the ordinary and usual course of business consistent with past practice).

Appears in 2 contracts

Samples: Merger Agreement (Quantum FinTech Acquisition Corp), Merger Agreement (Metrocorp Inc)

Acquisitions. Acquire Other than in the ordinary course of business, acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.;

Appears in 2 contracts

Samples: Merger Agreement (FNB United Corp.), Merger Agreement (Bank of Granite Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case faith in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.;

Appears in 2 contracts

Samples: Merger Agreement (FNB United Corp.), Merger Agreement (Bank of Granite Corp)

Acquisitions. Acquire (other than by way of foreclosures or foreclosures, deeds in lieu of foreclosure, acquisitions of control in a bona fide fiduciary capacity or similar capacity, acquisitions of loans or participation interests, or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business and consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityperson.

Appears in 2 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Green Bankshares, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityPerson.

Appears in 2 contracts

Samples: Merger Agreement (Peoples Bancorp Inc), Merger Agreement (Nb&t Financial Group Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), all or any portion of the assets, business, securities (other than as permitted by Section 4.1(r)), deposits or properties of any other entityPerson, including by merger or consolidation, purchasing any equity interest in or making any investment in a partnership or joint venture.

Appears in 2 contracts

Samples: Merger Agreement (First Foundation Inc.), Agreement and Plan of Reorganization and Merger (First Foundation Inc.)

Acquisitions. Acquire (other than in the ordinary and usual course of business consistent with past practice or by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Skyline Bankshares, Inc.), Merger Agreement (Skyline Bankshares, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity, including by merging or consolidating with, or by purchasing an equity interest in or a portion of the assets of, or by any other manner, any business or any corporation, partnership, Joint Venture, other business organization or any division thereof or any material amount of assets.

Appears in 2 contracts

Samples: Merger Agreement (Falmouth Bancorp Inc), Merger Agreement (Independent Bank Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with other such transactions, is not material to it and its Subsidiaries, taken as a whole.

Appears in 2 contracts

Samples: Merger Agreement (FCB Bancorp), Merger Agreement (Zions Bancorporation /Ut/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 4.01(q)), deposits or properties of any other entity.

Appears in 2 contracts

Samples: Merger Agreement (Washington Federal Inc), Merger Agreement (First Mutual Bancshares Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity, including by merging or consolidating with, or by purchasing an Equity Interest in or a portion of the assets of, or by any other manner, any business or any corporation, partnership, joint venture, other business organization or any division thereof, or any material amount of assets, other than in the ordinary course of business consistent with past practice.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (Westborough Financial Services Inc)

Acquisitions. Acquire (other than by way of foreclosures or foreclosures, acquisitions of control in a bona fide fiduciary capacity or similar capacity, acquisitions of loans or participation interests in loans less than $3,500,000, or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityperson.

Appears in 2 contracts

Samples: Merger Agreement (M&t Bank Corp), Merger Agreement (Partners Trust Financial Group Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted prior to the date hereof in good faith, or the purchase of supplies and equipment, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityPerson.

Appears in 2 contracts

Samples: Merger Agreement (Southern Missouri Bancorp Inc), Merger Agreement (Mb Financial Inc /Md)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits deposits, properties, or properties shares of stock or other securities of any other entityentity (other than, in the case of the acquisition of stock or other securities, normal balance sheet investments consistent with the ordinary and usual course of business and consistent with past practice).

Appears in 2 contracts

Samples: Merger Agreement (Amegy Bancorporation, Inc.), Merger Agreement (Zions Bancorporation /Ut/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practicepractice and as subject to Section 5.1(r)) all or any portion of the assets, business, securities, deposits or properties of any other entity.

Appears in 2 contracts

Samples: Merger Agreement (DCB Financial Corp), Merger Agreement (First Commonwealth Financial Corp /Pa/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 3.01(r)), deposits or properties of any other entity.

Appears in 2 contracts

Samples: Merger Agreement (Mission Community Bancorp), Merger Agreement (Santa Lucia Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or ------------ acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 4.01(r)), deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (First Federal Banc of the Southwest Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any a substantial portion of the assets, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Willow Grove Bancorp Inc/New)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with recent past practice) all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Massbank Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity, other than in the ordinary course of business consistent with past practice.

Appears in 1 contract

Samples: Merger Agreement (Independent Bank Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to SB.

Appears in 1 contract

Samples: Merger Agreement (East West Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control Control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all all, or any portion of of, the assets, business, deposits or properties of any other entity, except for acquisitions with respect to Nominee Properties in the ordinary course of business and in a transaction that is not material to ERC.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sirva Inc)

Acquisitions. Acquire (other than by way of foreclosures or ------------ acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any a substantial portion of the assets, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Chester Valley Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities, deposits or properties of any other entityentity having a value, individually or in the aggregate, that exceeds $25,000.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) , provided written notice has been provided to Acquiror), including by merger or consolidation or by investment in a partnership or joint venture, all or any substantial portion of the assets, business, securities, deposits or properties of any other entity.

Appears in 1 contract

Samples: Stock Purchase Agreement (R&g Financial Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), all or any portion of the assets, business, deposits or properties of any other entity, including by merging or consolidating with, or by purchasing an Equity Interest in or a portion of the assets of, or by any other manner, any business or any corporation, partnership, Joint Venture, other business organization or any division thereof, or any material amount of assets.

Appears in 1 contract

Samples: Merger Agreement (Service Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityPerson, except in the usual and ordinary course of operating a community bank.

Appears in 1 contract

Samples: Merger Agreement (LCNB Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted prior to the date hereof in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits deposit liabilities or properties of any other entityPerson.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Michigan Community Bancorp LTD)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with other such transactions, is not material to it and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Merger Agreement (Amsouth Bancorporation)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Beneficial Bancorp Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case faith or otherwise in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any portion of the assets, business, deposits or properties of any other entityentity in an amount that is material to Main Street.

Appears in 1 contract

Samples: Merger Agreement (Main Street Trust Inc)

Acquisitions. Acquire or agree to acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practicebusiness) all or any portion of the assets, liabilities, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Nationwide Financial Services Inc/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits deposits, securities or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (1st Source Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to the Company or any of the Company Subsidiaries.

Appears in 1 contract

Samples: Merger Agreement (Americanwest Bancorporation)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control of property other than real estate in a bona fide fiduciary capacity or in satisfaction of debts indebtedness previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, businessdeposits, deposits business or properties of any other entityperson except in the ordinary and usual course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to it, as the case may be.

Appears in 1 contract

Samples: Merger Agreement (Floridian Financial Group Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than in the ordinary course of maintaining the parties’ respective investment portfolios), deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Manhattan Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including without limitation, by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 4.01(r)), deposits or properties of any other entityPerson.

Appears in 1 contract

Samples: Merger Agreement (First Community Bancshares Inc /Nv/)

Acquisitions. Acquire (Acquire, other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) , all or any portion of the assets, business, deposits or properties of any other entityentity that is engaged in a similar line of business as AHB.

Appears in 1 contract

Samples: Merger Agreement (First Chester County Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity, including by merging or consolidating with, or by purchasing an equity interest in or a portion of the assets of, or by any other manner, any business or any corporation, partnership, joint venture, other business organization or any division thereof, or any material amount of assets, other than in the Ordinary Course of Business.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (NewStar Financial, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that is not material to the Bank and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Merger Agreement (Millennium Bankshares Corp)

Acquisitions. Acquire (other than by way of foreclosures or foreclosures, acquisitions of control in a bona fide fiduciary capacity or similar capacity, acquisitions of loans or participation interests, or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course Ordinary Course of business consistent with past practiceBusiness) all or any portion of the assets, business, deposits or properties of any other entityPerson.

Appears in 1 contract

Samples: Investment Agreement (Crescent Financial Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityPerson having a value in excess of $25,000.

Appears in 1 contract

Samples: Stock Purchase Agreement (LCNB Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary or similar capacity or in satisfaction of debts previously contracted in good faith, in each case faith or otherwise in the ordinary and usual course Ordinary Course of business consistent with past practice) Business all or any portion of the assets, business, deposits or properties of any other entityentity in an amount that is material to First Busey.

Appears in 1 contract

Samples: Merger Agreement (Main Street Trust Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 4.01(s)), deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Cascade Financial Corp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case case, in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Stock Purchase Agreement (First Community Bancshares Inc /Nv/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control of property other than real estate in a bona fide fiduciary capacity or in satisfaction of debts indebtedness previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, businessdeposits, deposits business or properties of any other entityPerson except in the ordinary and usual course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to it, as the case may be.

Appears in 1 contract

Samples: Merger Agreement (Florida Bank Group, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) ), including by merger or consolidation or by investment in a partnership or joint venture, all or any portion of the assets, business, securities (other than as permitted by Section 4.01(r)), deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Commercial Capital Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits business or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (United Financial Mortgage Corp)

Acquisitions. Acquire (other than (i) by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practicepractice or (ii) the acquisition of deposits or individual branches) all or any portion of the assets, business, deposits or properties of any other entitybank holding company or state or national bank.

Appears in 1 contract

Samples: Merger Agreement (First Citizens Banc Corp /Oh)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to RLBI or the Bank.

Appears in 1 contract

Samples: Merger Agreement (Northern States Financial Corp /De/)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, equity interests, deposits or properties of any other entityPerson (other than purchases of loans and loan participations pursuant to Section 5.01(o)).

Appears in 1 contract

Samples: Merger Agreement (Investors Bancorp, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entity.Person (other than purchases of loans and loan participations pursuant to Section 4.01(q)) except (i) in the ordinary

Appears in 1 contract

Samples: Merger Agreement (Bank of Marin Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practicepractice and in accordance with subsection (r) of this Section 6.1) all or any portion of the assets, business, securities, deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (Randolph Bancorp, Inc.)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) any real property or all or any portion of the assets, business, deposits or properties of any other entity.

Appears in 1 contract

Samples: Merger Agreement (First Citizens Banc Corp /Oh)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted prior to the date hereof in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of of, the assets, business, deposits or properties of any other entityPerson.

Appears in 1 contract

Samples: Merger Agreement (Alliance Bancorp)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other entityentity except in the ordinary course of business consistent with past practice and in a transaction that, together with all other such transactions, is not material to UNB.

Appears in 1 contract

Samples: Merger Agreement (East West Bancorp Inc)

Acquisitions. Acquire (other than by way of foreclosures or acquisitions of control in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) all or any portion of the assets, business, deposits or properties of any other person or entity.

Appears in 1 contract

Samples: Merger Agreement (HomeTrust Bancshares, Inc.)