Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation or warranty shall be made (or other action taken) pursuant to this Agreement that would involve, the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b) and as identified in 12 C.F.R. § 309.5(g)(8) or any similar state law) of a Governmental Entity by any party to this Agreement to the extent prohibited by applicable law; provided that, to the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply.
Appears in 3 contracts
Samples: Merger Agreement (Discover Financial Services), Merger Agreement (Capital One Financial Corp), Merger Agreement
Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation or warranty shall be made (or other action taken) pursuant to this Agreement that would involve, involve the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b) and as or identified in 12 C.F.R. § 261.2(c), 12 C.F.R. § 309.5(g)(8), 12 C.F.R. § 4.32(b), 12 C.F.R. § 309.5(g) or any similar state lawand New York Banking Law § 36.10) of a Governmental Entity by any party to this Agreement to the extent prohibited by applicable law; provided that, to the extent legally permissible, appropriate modified or substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence this section apply.
Appears in 2 contracts
Samples: Merger Agreement (Flagstar Bancorp Inc), Merger Agreement (New York Community Bancorp Inc)
Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation representation, or warranty shall be made (or other action taken) pursuant to this Agreement that Agreement, if the same would involve, involve the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b261.2(c) and as identified in 12 C.F.R. § 309.5(g)(8) or any similar state law)) of a Governmental Entity Authority by any party to this Agreement to the extent where such disclosure is prohibited by applicable law; provided that, to Law. To the extent legally permissible, appropriate substitute disclosures disclosures, representations, warranties, or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply.
Appears in 2 contracts
Samples: Merger Agreement (United Community Banks Inc), Merger Agreement (United Community Banks Inc)
Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation or warranty shall be made (or other action taken) pursuant to this Agreement that would involve, involve the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b261.2(c) and as identified in 12 C.F.R. § 309.5(g)(8)) or any similar state law(“Confidential Supervisory Information”) of a Governmental Entity by any party Party to this Agreement to the extent prohibited by applicable law; provided that, to . To the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply, but no representation or warranty shall be deemed untrue, incorrect or incomplete, as a consequence of the omission of Confidential Supervisory Information.
Appears in 1 contract
Samples: Merger Agreement (Wesbanco Inc)
Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation or warranty shall be made (or other action taken) pursuant to this Agreement that would involve, the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b) and as identified in 12 C.F.R. § 309.5(g)(8) or any similar state law) of a Governmental Entity Body by any party to this Agreement to the extent prohibited by applicable law; provided that, to the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply.
Appears in 1 contract
Samples: Merger Agreement (Paltalk, Inc.)
Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement party shall require or be interpreted required to require, and no make any disclosure, representation furnish access to, or warranty shall be made make available any information (or other action taken) whether pursuant to this Agreement a representation, warranty, covenant or otherwise) that would involve, involve the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b) and as identified in 12 C.F.R. § 309.5(g)(8) or any similar state lawand 12 C.F.R. § 4.32(b)) of a Governmental Entity or Regulatory Agency by any party to this Agreement to the extent prohibited by applicable law; provided that, to . To the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply.
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Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation or warranty shall be made (or other action taken) pursuant to this Agreement that would involve, the disclosure of confidential supervisory information (including confidential supervisory information as defined or identified in 12 C.F.R. § 261.2(b), 12 C.F.R. § 4.32(b) and as identified in 12 C.F.R. § 309.5(g)(8) or any similar state law) of a Governmental Entity by any party to this Agreement to the extent prohibited by applicable law; provided that, to . To the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply.
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Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement shall require or be interpreted to require, and no disclosure, representation or warranty shall be made (or other action taken) pursuant to this Agreement that would involve, involve the disclosure of confidential supervisory information (including “confidential supervisory information information” as defined in 12 C.F.R. § 261.2(b) and 261.2(c), “non-public OCC information” as identified in 12 C.F.R. § 309.5(g)(84.32(b) or any similar state lawand information subject to 12 C.F.R. Part 309) of a Regulatory Agency or Governmental Entity by any party to this Agreement Party to the extent prohibited by applicable law; provided that, to . To the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply.
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Confidential Supervisory Information. Notwithstanding any other provision of this Agreement, no provision of this Agreement party shall require be required to make any disclosure or be interpreted furnish access to require, and no disclosure, any information (whether pursuant to a representation or warranty shall be made (or other action takenotherwise) pursuant to this Agreement that would involve, involve the disclosure of confidential supervisory information (including confidential supervisory information as defined in 12 C.F.R. § 261.2(b) and as identified in 12 C.F.R. § 309.5(g)(8) or any similar state law)) of a Governmental Entity by any party to this Agreement to the extent prohibited by applicable law; provided that, to . To the extent legally permissible, appropriate substitute disclosures or actions shall be made or taken under circumstances in which the limitations of the preceding sentence apply. Notwithstanding the foregoing, no failure to disclose pursuant to this Section 11.4 will operate to waive or exclude a breach of any representation, warranty or covenant of this Agreement.
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