Common use of Affiliates; Publication of Combined Financial Results Clause in Contracts

Affiliates; Publication of Combined Financial Results. (a) Each of Banc One and FUSA shall use its best efforts to cause each director, executive officer and other person who is an "affiliate" (for purposes of Rule 145 under the Securities Act and for purposes of qualifying the Merger for "pooling of interests" accounting treatment) of such party to deliver to the other party hereto, as soon as practicable after the date of this Agreement, and prior to the date of the stockholders meetings called by Banc One and FUSA to approve this Agreement, a written agreement, in the form of Exhibit 6.5(a)(1) or (2), as applicable, hereto, providing that such person will not sell, pledge, transfer or otherwise dispose of any shares of Banc One Capital Stock or FUSA Capital Stock held by such "affiliate" and, in the case of the "affiliates" of FUSA, the shares of Banc One Capital Stock to be received by such "affiliate" in the Merger: (i) in the case of shares of Banc One Capital Stock to be received by "affiliates" of FUSA in the Merger, except in compliance with the applicable provisions of the Securities Act and the rules and regulations thereunder; and (ii) except to the extent and under the conditions permitted therein, during the period commencing 30 days prior to the Merger and ending at the time of the publication of financial results covering at least 30 days of combined operations of Banc One and FUSA.

Affiliates; Publication of Combined Financial Results. (a) Each of Banc One Pinnacle and FUSA IFC shall use its best efforts to cause each director, executive officer and other person who is an "affiliate" (for purposes of Rule 145 under the Securities Act and for purposes of qualifying the Merger for "pooling of interests" accounting treatment) of such party to deliver to the other party hereto, as soon as practicable after the date of this Agreement, and prior to the date of the stockholders stockholders' meetings called by Banc One Pinnacle and FUSA IFC to approve this Agreement, a written agreement, in the form of Exhibit 6.5(a)(1) or (2), as applicable, D hereto, providing that such person will not sell, pledge, transfer or otherwise dispose of any shares of Banc One Capital Pinnacle Common Stock or FUSA Capital IFC Common Stock held by such "affiliate" and, in the case of the "affiliates" of FUSAIFC, the shares of Banc One Capital Pinnacle Common Stock to be received by such "affiliate" in the Merger: (i) in the case of shares of Banc One Capital Pinnacle Common Stock to be received by "affiliates" of FUSA IFC in the Merger, except in compliance with the applicable provisions of the Securities Act and the rules and regulations thereunder; and (ii) except to the extent and under the conditions permitted therein, during the period commencing 30 days prior to the Merger and ending at the time of the publication of financial results covering at least 30 days of combined operations of Banc One Pinnacle and FUSAIFC.

Affiliates; Publication of Combined Financial Results. (a) Each of Banc One Bancorp and FUSA CBI shall use its best efforts to cause each director, executive officer and other person who is an "affiliate" (for purposes of Rule 145 under the Securities Act and for purposes of qualifying the Merger for "pooling of pooling-of- interests" accounting treatment) of such party to deliver to the other party hereto, as soon as practicable after the date of this Agreement, and prior to the date of the stockholders meetings shareholder meeting called by Banc One and FUSA CBI to approve this Agreement, a written agreement, in the form of Exhibit 6.5(a)(16.5(a) or (2), as applicable, hereto, providing that such person will not sell, pledge, transfer or otherwise dispose of any shares of Banc One Capital Bancorp Common Stock or FUSA Capital CBI Common Stock held by such "affiliate" and, in the case of the "affiliates" of FUSACBI, the shares of Banc One Capital Bancorp Common Stock to be received by such "affiliate" in the Merger: (i1) in the case of shares of Banc One Capital Bancorp Common Stock to be received by "affiliates" of FUSA CBI in the Merger, except in compliance with the applicable provisions of the Securities Act and the rules and regulations thereunder; and (ii2) except to the extent and under the conditions permitted therein, during the period commencing 30 days prior to the Merger and ending at the time of the publication of financial results covering at least 30 days of combined operations of Banc One Bancorp and FUSACBI. Notwithstanding any other provision of this Agreement, no certificate for Bancorp Common Stock shall be delivered in exchange for CBI Certificates held by any such "affiliate" who shall not have executed and delivered such an agreement.

Affiliates; Publication of Combined Financial Results. (a) Each of Banc One Pinnacle and FUSA CB shall use its best efforts to cause each director, executive officer and other person who is an "affiliate" (for purposes of Rule 145 under the Securities Act and for purposes of qualifying the Merger for "pooling of interests" accounting treatment) of such party to deliver to the other party hereto, as soon as practicable after the date of this Agreement, and prior to the date of the stockholders stockholders' meetings called by Banc One Pinnacle and FUSA CB to approve this Agreement, a written agreement, in the form of Exhibit 6.5(a)(1) or (2), as applicable, C hereto, providing that such person will not sell, pledge, transfer or otherwise dispose of any shares of Banc One Capital Pinnacle Common Stock or FUSA Capital CB Common Stock held by such "affiliate" and, in the case of the "affiliates" of FUSACB, the shares of Banc One Capital Pinnacle Common Stock to be received by such "affiliate" in the Merger: (i) in the case of shares of Banc One Capital Pinnacle Common Stock to be received by "affiliates" of FUSA CB in the Merger, except in compliance with the applicable provisions of the Securities Act and the rules and regulations thereunder; and (ii) except to the extent and under the conditions permitted therein, during the period commencing 30 days prior to the Merger and ending at the time of the publication of financial results covering at least 30 days of combined operations of Banc One Pinnacle and FUSACB.

Affiliates; Publication of Combined Financial Results. (a) Each of Banc One Pinnacle and FUSA IFC shall use its best efforts to cause each director, executive officer and other person who is an "affiliate" (for purposes of Rule 145 under the Securities Act and for purposes of qualifying the Merger for "pooling of interests" accounting treatment) of such party to deliver to the other party hereto, as soon as practicable after the date of this Agreement, and prior to the date of the stockholders stockholders' meetings called by Banc One Pinnacle and FUSA IFC to approve this Agreement, a written agreement, in the form of Exhibit 6.5(a)(1) or (2), as applicable, D hereto, providing that such person will not sell, pledge, transfer or otherwise dispose of any shares of Banc One Capital Pinnacle Common Stock or FUSA Capital IFC Common Stock held by such "affiliate" and, in the case of the "affiliates" of FUSAIFC, the shares of Banc One Capital Pinnacle Common Stock to be received by such "affiliate" in the Merger: (i) in the case of shares of Banc One Capital Pinnacle Common Stock to be received by "affiliates" of FUSA IFC in the Merger, except in compliance with the applicable provisions of the Securities Act and the rules and regulations thereunder; and (ii) except to the extent and under the conditions permitted therein, during the period commencing 30 days prior to the Merger and ending at the time of the publication of financial results covering at least 30 days of combined operations of Banc One Pinnacle and FUSA.IFC. (b) The Surviving Corporation shall use its best efforts to publish as promptly as reasonably practical but in no event later than 90 days after the end of the first month after the Effective Time in which there are at least 30 days of post-Merger combined operations (which month may be the month in which the Effective Time occurs), combined sales and net income figures as contemplated by and in accordance with the terms of SEC Accounting Series Release No. 135. 6.6