Common use of Charter Provisions Clause in Contracts

Charter Provisions. Each of the Company and its Subsidiaries has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the articles of incorporation, bylaws, or other governing instruments of any of them or restrict or impair the ability of the Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, the capital stock of the Company or any of its Subsidiaries that may be directly or indirectly acquired or controlled by it.

Appears in 3 contracts

Samples: Merger Agreement (High Street Corp), Merger Agreement (Capital Bank Corp), Merger Agreement (Capital Bank Corp)

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Charter Provisions. Each of the Company and its Subsidiaries subsidiaries has taken all action so that the entering into of this Agreement and the consummation of the Merger Mergers and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the articles Articles of incorporationIncorporation, bylawsBylaws, or other governing instruments of any of them or restrict or impair the ability of the Buyer or any of its Subsidiaries subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, the capital stock of the Company or any of its Subsidiaries subsidiaries that may be directly or indirectly acquired or controlled by it.

Appears in 3 contracts

Samples: Merger Agreement (First Savings Bancorp Inc), Merger Agreement (First Bancorp /Nc/), Merger Agreement (Century Bancorp Inc /Nc)

Charter Provisions. Each of the Company and its Subsidiaries Entity has taken all action so that the entering into of this Agreement and the Stock Option Agreement, and the consummation of the Merger and the other transactions contemplated by this Agreement and the Stock Option Agreement, do not and will not result in the grant of any rights to any Person under the articles Certificate of incorporationIncorporation, bylaws, Bylaws or other governing instruments of any of them Company Entity or restrict or impair the ability of the Buyer Parent or any of its Subsidiaries to vote, or otherwise to exercise the rights of a shareholder stockholder with respect to, the capital stock shares of the any Company or any of its Subsidiaries Entity that may be directly or indirectly acquired or controlled by itthem.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Alden John Financial Corp), Agreement and Plan of Merger (Fortis Inc /Nv/)

Charter Provisions. (a) Each of the Company and its Subsidiaries has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the articles of incorporation, bylaws, or other governing instruments of any of them or restrict or impair the ability of the Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, the capital stock of the Company or any of its Subsidiaries that may be directly or indirectly acquired or controlled by it.

Appears in 2 contracts

Samples: Merger Agreement (1st State Bancorp Inc), Merger Agreement (Capital Bank Corp)

Charter Provisions. Each of the Company and its Subsidiaries subsidiaries has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the articles certificate of incorporation, bylaws, or other governing instruments of any of them or restrict or impair the ability of the Buyer or any of its Subsidiaries subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, the capital stock of the Company or any of its Subsidiaries subsidiaries that may be directly or indirectly acquired or controlled by it.

Appears in 1 contract

Samples: Merger Agreement (First Bancorp /Nc/)

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Charter Provisions. Each of the Company and its Subsidiaries subsidiaries has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not (i) result in the grant of any rights to any Person under the articles Articles of incorporationIncorporation, bylawsBylaws, or other governing instruments of any of them them, or (ii) restrict or impair the ability of the Buyer or any of its Subsidiaries subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, the capital stock of the Company or any of its Subsidiaries subsidiaries that may be directly or indirectly acquired or controlled by it.

Appears in 1 contract

Samples: Merger Agreement (First Bancorp /Nc/)

Charter Provisions. Each of the Company Entity and its Subsidiaries each Shareholder has ------------------ taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the articles Articles of incorporationIncorporation, bylaws, Bylaws or other governing instruments of any of them Company Entity or restrict or impair the ability of the Buyer Acquiror or any of its Subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, the capital stock shares of the any Company or any of its Subsidiaries Entity that may be directly or indirectly acquired or controlled by itthem.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mohawk Industries Inc)

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