Common use of Clearing Items Clause in Contracts

Clearing Items. During the 30-day period following the Closing Date, if it is not possible to clear checks and other items drawn on a Deposit account through Buyer’s then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on such Deposit to Buyer, no later than the next business day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement within three business days. Upon the expiration of such 30-day period, Seller shall cease forwarding checks and other debits against the Deposit accounts and return them to the originators marked “Account Closed.” Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of items.

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (Xenith Bankshares, Inc.), Purchase and Assumption Agreement (Xenith Bankshares, Inc.)

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Clearing Items. During the 30120-day period following the Closing Date, if it is not possible to clear checks and other items drawn on a Deposit account through Buyer’s 's then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on such Deposit to Buyer, no later than the next business day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement within three business dayssettlement. Upon the expiration of such 30120-day period, Seller shall cease forwarding checks and other debits against the Deposit accounts and return them to the originators marked "Account Closed.” ". Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of items.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Surety Capital Corp /De/)

Clearing Items. During the 30120-day period following the Closing Date, if it is not possible to clear checks and other items drawn on a Deposit account through Buyer’s then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on such Deposit to Buyer, no later than the next business day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement within three business dayssettlement. Upon the expiration of such 30120-day period, Seller shall cease forwarding checks and other debits against the Deposit accounts and return them to the originators marked “Account Closed.” Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of items.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Independent Bank Group Inc)

Clearing Items. During the 3090-day period following the Closing Date, if it is not possible to clear checks and other items drawn on a Deposit account through Buyer’s then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on such Deposit to Buyer, no later than the next business day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement within three business dayssettlement. Upon the expiration of such 3090-day period, Seller shall cease forwarding checks and other debits against the Deposit accounts and return them to the originators marked “Account Closed.” Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of items.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Independent Bank Group Inc)

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Clearing Items. During the 30-day period following the Closing Date, if it is not possible to clear checks and or other items drawn on a Deposit account through Buyer’s then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward all such checks and other items on such Deposit to Buyer, no later than the next business day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement within three one (1) business daysday. Upon the expiration of such 30-day period, Seller shall cease forwarding checks and other debits against the Deposit accounts and return them to the originators marked “Account Closed.” Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of items.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Community First Inc)

Clearing Items. During the 30120-day period following the Closing Date, if it is not possible to clear checks and other items drawn on a Deposit account through Buyer’s 's then current clearing procedures, Seller will make provisional settlement to the presenting institution and will forward such checks and other items on such Deposit to Buyer, no later than the next business day after receipt thereof, and Buyer will reimburse Seller for such provisional settlement within three business dayssettlement. Upon the expiration of such 30120-day period, Seller shall cease forwarding checks and other debits against the Deposit accounts and return them to the originators marked "Account Closed." Upon timely presentation to Buyer, Buyer will assume all responsibility for such items (except for such items that have not been handled by Seller in accordance with applicable law or regulation, or with ordinary care), including but not limited to determining whether to honor or dishonor such items and giving any required notification for the return of items.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Unionbancorp Inc)

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