Company Forbearances. During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as set forth in the Company Disclosure Schedule, as expressly contemplated or permitted by this Agreement or as required by law, Company shall not, and shall not permit any of its Subsidiaries to, without the prior written consent of Parent (such consent not to be unreasonably withheld): (a) other than in the ordinary course of business, incur any indebtedness for borrowed money, assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other person (other than any Company Subsidiary); (b) (i) adjust, split, combine or reclassify any capital stock;
Appears in 4 contracts
Sources: Merger Agreement (Canadian Imperial Bank of Commerce /Can/), Merger Agreement (Privatebancorp, Inc), Merger Agreement (Royal Bank of Canada)
Company Forbearances. During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as set forth in Section 5.2 of the Company Disclosure Schedule, as expressly contemplated or permitted by this Agreement or as required by law, regulation or mandatory policies imposed by any Governmental Entity, the Company shall not, and shall not permit any of its Subsidiaries to, without the prior written consent of Parent (such consent not to be unreasonably withheld):
(a) other than in the ordinary course of business, incur any indebtedness for borrowed money, money or assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other person (other than any Company SubsidiarySubsidiary listed on Section 3.1(b) of the Company Disclosure Schedule);
(b) (i) adjust, split, combine or reclassify any capital stock;
Appears in 2 contracts