Common use of Adverse Proceedings, Injunction, Etc Clause in Contracts

Adverse Proceedings, Injunction, Etc. There shall not be (i) any order, decree, or injunction of any court or agency of competent jurisdiction which enjoins or prohibits the Merger or any of the other transactions described herein or any of the parties hereto from consummating any such transaction; (ii) any pending or threatened investigation of the Merger or any of such other transactions contemplated herein by the U.S. Department of Justice, or any actual or threatened litigation under federal antitrust laws relating to the Merger or any other such transactions; or (iii) any suit, action, or proceeding by any person (including any governmental, administrative, or regulatory agency), pending or threatened before any court or governmental agency in which it is sought to restrain or prohibit AB&T, 1st Financial, Alliance or Mountain 1st from consummating the transactions contemplated herein or carrying out any of the terms or provisions of this Agreement; or (iv) any other suit, claim, action, or proceeding pending or threatened against AB&T, 1st Financial, Alliance or Mountain 1st or any of their officers or directors which shall reasonably be considered by AB&T or 1st Financial to be materially burdensome in relation to the proposed transactions or materially adverse in relation to the financial condition of such corporation, and which has not been dismissed, terminated, or resolved to the satisfaction of all parties hereto within ninety (90) days of the institution or threat thereof.

Adverse Proceedings, Injunction, Etc. There shall not be (i) any ------------------------------------ order, decree, or injunction of any court or agency of competent jurisdiction which enjoins or prohibits the Merger Exchange or any of the other transactions described herein or any of the parties hereto from consummating any such transaction; , (ii) any pending or threatened investigation of the Merger Exchange or any of such other transactions contemplated herein by the U.S. Department of Justice, or any actual or threatened litigation under federal antitrust laws relating to the Merger Exchange or any other such transactions; , or (iii) any suit, action, or proceeding by any person (including any governmental, administrative, or regulatory agency), pending or threatened before any court or governmental agency in which it is sought to restrain or prohibit AB&TFirst Xxxxxx, 1st FinancialBancshares, Alliance or Mountain 1st Catawba from consummating the transactions contemplated herein or carrying out any of the terms or provisions of this Agreement; , or (iv) any other suit, claim, action, or proceeding pending or threatened against AB&TFirst Xxxxxx, 1st FinancialBancshares, Alliance or Mountain 1st Catawba or any of their officers or directors which shall reasonably be considered by AB&T First Xxxxxx, Bancshares, or 1st Financial Catawba to be materially burdensome in relation to the proposed transactions or materially adverse in relation to the financial condition of such corporation, and which has not been dismissed, terminated, or resolved to the satisfaction of all parties hereto within ninety (90) days of the institution or threat thereof.

Adverse Proceedings, Injunction, Etc. There shall not be (i) any order, decree, or injunction of any court or agency of competent jurisdiction which enjoins or prohibits the Merger or any of the other transactions described herein or any of the parties hereto from consummating any such transaction; (ii) any pending or threatened investigation of the Merger or any of such other transactions contemplated herein by the U.S. Department of Justice, or any actual or threatened litigation under federal antitrust laws relating to the Merger or any other such transactions; or (iii) any suit, action, or proceeding by any person (including any governmental, administrative, or regulatory agency), pending or threatened before any court or governmental agency in which it is sought to restrain or prohibit AB&TBank of Richmond, 1st FinancialFinancial Holdings, Alliance or Mountain 1st Gateway Bank from consummating the transactions contemplated herein or carrying out any of the terms or provisions of this Agreement; or (iv) any other suit, claim, action, or proceeding pending or threatened against AB&TBank of Richmond, 1st FinancialFinancial Holdings, Alliance or Mountain 1st Gateway Bank or any of their officers or directors which shall reasonably be considered by AB&T Bank of Richmond or 1st Financial Holdings to be materially burdensome in relation to the proposed transactions or materially adverse in relation to the financial condition of such corporation, and which has not been dismissed, terminated, or resolved to the satisfaction of all parties hereto within ninety (90) days of the institution or threat thereof.