Common use of Capital Stock Clause in Contracts

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock or any additional options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options warrants, options, other equity-based awards, convertible securities or other rights, grants similar arrangements; or awards with respect commitment to the Common Stock, and acquire any shares of Common Stock issued pursuant to the exercise of capital stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Scheduleother ownership interest.

Capital Stock. Issue, sell authorize for issuance, sell, or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock or any additional options Rights related thereto or any other rights, grants securities in respect of or awards with respect to the Common Stock, and any in substitution for shares of Common Stock issued its capital stock, other than pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Rights outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulepursuant to written agreements or plans.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock, other ownership interests or any rights to acquire any such capital stock or any additional options or other rights, grants or awards with respect to ownership interest except for the Common Stock, and any shares issuance of Home Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Home Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or Rights, other rights, grants or awards with respect to the Common Stock, and any than issuances of shares of MBI Common Stock issued pursuant to the in respect of any exercise of stock options or vesting of restricted stock, in each case only to the extent a MBI Stock Option that is outstanding as of on the date of this Agreement and set forth hereof in Section 2.2(b) of accordance with its terms as in effect on the Company Disclosure Scheduledate hereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock or any additional options or other rights, grants or awards with respect to the Common Stock, except the TARP Securities, the Management Purchased Shares, the Investor Warrants and any shares of Common Stock issued pursuant to the exercise of outstanding stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule.

Capital Stock. (i) Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options Rights or other rights, grants or awards (ii) enter into any agreement with respect to the Common Stockforegoing, except for the (1) issuance of stock options and any shares restricted stock to employees and directors consistent with past practice, (2) issuance of MutualFirst Common Stock issued pursuant to upon the exercise of stock options or vesting of restricted stockoptions, in each case only and (3) open market repurchases pursuant to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Scheduleits current repurchase plan.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or Rights, other rights, grants or awards with respect to the Common Stock, and any than issuances of shares of PHC Common Stock issued pursuant to the in respect of any exercise of stock options or vesting of restricted stock, in each case only to the extent a PHC Stock Option that is outstanding as of on the date of this Agreement and set forth hereof in Section 2.2(b) of accordance with its terms as in effect on the Company Disclosure Scheduledate hereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options warrants, options, rights, convertible securities or other rights, grants arrangements or awards with respect commitment to the Common Stock, and acquire any shares of Common Stock issued the capital stock or other ownership interest, except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent In-the-Money Jefferson Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock, other ownership interests or any rights to acquire any such capital stock or any additional options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued ownership interest except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Home Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares Equity Securities on behalf of its stock itself or any additional options or Subsidiary other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued than pursuant to the issuance of shares upon exercise of stock options or vesting of restricted stockvested and outstanding Simplicity Stock Options. AGREEMENT AND PLAN OF MERGER BETWEEN HOMESTREET, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule.INC. AND SIMPLICITY BANCORP, INC. EXECUTION VERSION

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock or any Rights or permit any additional shares of stock to become subject to grants of employee or director stock options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure ScheduleRights.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock or any additional options or common stock, other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued than pursuant to the exercise of TCBI Options in accordance with their terms, or permit new shares of its stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule.become subject to new grants;

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock of Xxxxxx/Xxxxxxx or any additional options rights to acquire capital stock of Xxxxxx/Xxxxxxx, or other rights, grants or awards enter into any agreement with respect to the Common Stockforegoing, and or permit any additional shares of Common Stock issued pursuant capital stock of Xxxxxx/Xxxxxxx to the exercise become subject to new grants of employee options, other rights to acquire capital stock options of Xxxxxx/Xxxxxxx or vesting of restricted similar stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule-based employee rights.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock or any additional options Rights or other rights, grants or awards with respect agree to the Common Stock, and do any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Scheduleforegoing.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, or any additional options warrants, options, rights, convertible securities or other rights, grants arrangements or awards with respect commitments to the Common Stock, and acquire any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted its capital stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Highlands Stock Options and Highlands Warrants outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any except for issuances of shares of Common Stock issued pursuant common stock to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as members of the date Company’s Board of this Agreement Directors for attendance at Board meetings and set forth Board Committee meetings in Section 2.2(b) of the Company Disclosure Scheduleaccordance with past practice.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Prosperity Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. (i) Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock or any Rights or (ii) permit any additional shares of capital stock to become subject to grants of employee or director stock options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure ScheduleRights.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Gulfstream Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent CBKS Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent Valley Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. (i) Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation or reservation of, any additional shares of its capital stock or any Rights, (ii) permit any additional options shares of capital stock to become subject to grants of employee, director or other rightsstock options, grants warrants or awards with respect other Rights, or (iii) redeem, retire, purchase or otherwise acquire, directly or indirectly, any Northmark Stock or obligate itself to the Common Stockpurchase, and retire or redeem any of its shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure ScheduleNorthmark Stock.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock or any Rights or permit any additional shares of stock to become subject to grants of employee or director stock options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure ScheduleRights.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock Company Stock or any additional options or other rightsRights, grants or awards enter into any Contract with respect to the Common Stock, and foregoing or permit any additional shares of Common Company Stock issued pursuant to the exercise become subject to new grants of employee or director stock options options, other Rights or vesting of restricted similar stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule-based employee rights.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock or any additional options warrants, options, other equity-based awards, convertible securities or other rights, grants similar arrangements; or awards with respect commitment to the Common Stock, and acquire any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted capital stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedule.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options warrants, options, rights, convertible securities or other rights, grants arrangements or awards with respect commitment to the Common Stock, and acquire any shares of the capital stock or other ownership interest, except for the issuance of 102,484 shares of Siuslaw Common Stock issued pursuant to upon the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as automatic conversion of the date same number of this Agreement and set forth in Section 2.2(b) outstanding shares of the Company Disclosure ScheduleSiuslaw Preferred Stock.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock Shares or any other equity interests in the Bank, or permit any additional Shares or other equity interests in the Bank to become subject to grants of employee or director stock options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Scheduleequity interests.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent HBC Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock or any additional options Rights, or other rightsenter into any contract, grants option or awards warrant with respect to the Common Stock, and any shares of Common Stock issued pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Scheduleforegoing.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock stock, or permit any additional options or other rights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued pursuant its stock to the exercise of stock options or vesting of restricted stock, in each case only become subject to the extent outstanding as of the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulenew grants.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its capital stock or any additional options or other rights, grants or awards with respect to the Common Stockits capital stock, and any shares of Common Stock issued except pursuant to the exercise of stock options the Company Warrant or vesting of restricted stock, in each case only to the extent Company Options outstanding as of on the date of this Agreement hereof and as set forth in Section 2.2(b3.2(b) of the Company Disclosure ScheduleLetter.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent GFHF Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.

Capital Stock. Issue, sell or otherwise permit to become outstanding, or dispose of or encumber or pledge, or authorize or propose the creation of, any additional shares of its stock capital stock, other ownership interests or any additional options or other rightsRights, grants or awards with respect to the Common Stock, and any shares of Common Stock issued except pursuant to the exercise of stock options or vesting of restricted stock, in each case only to the extent PBHC Stock Options outstanding as of on the date of this Agreement and set forth in Section 2.2(b) of the Company Disclosure Schedulehereof.