Common use of Confidentiality; Nonsolicitation Clause in Contracts

Confidentiality; Nonsolicitation. (a) FBC shall not before or after the consummation or termination of this Agreement, directly or indirectly (i) disclose any confidential information acquired from the Bank, either before or after the date of this Agreement, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than in connection with the regulatory notice and application process or (ii) after termination of this Agreement, use such information for its own purposes or for the benefit of any person, firm, corporation, association, or other entity under any circumstances. All information furnished previously or currently by the Bank in connection with the transactions contemplated by this Agreement or pursuant hereto shall be treated as the sole property of the Bank until consummation of the transactions contemplated hereby and, if such transactions shall not occur, FBC shall either destroy or return to the Bank all documents or other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purposes. The obligations contained in this Section 7.3(a) shall survive any termination of this Agreement until the second anniversary of the termination of this Agreement. (b) In the event that this Agreement is terminated and the Consolidation is not consummated, for a period of two years from the date the Agreement is terminated, FBC agrees that it will not, without the prior approval of the Bank, directly or indirectly solicit for employment or hire any current officer or manager of the Bank on the date the Agreement is terminated; provided, however, that the foregoing shall not apply to (i) the use of an independent employment agency (so long as the agency was not directed to solicit a particular individual or class of individuals that could only be satisfied by employees of the Bank as of the date the Agreement is terminated), or (ii) the use of a general solicitation (such as an advertisement) not specifically directed to employees of the Bank.

Confidentiality; Nonsolicitation. (a) FBC The Bank shall not not, before or after the consummation or termination of this Agreement, directly or indirectly (i) disclose any confidential information acquired from the BankFBC, either before or after the date of this Agreement, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than in connection with the regulatory notice and application process or (ii) after termination of this Agreement, use such information for its own purposes or for the benefit of any person, firm, corporation, association, or other entity under any circumstances. All information furnished previously or currently hereafter furnished by the Bank FBC in connection with the transactions contemplated by this Agreement or pursuant hereto shall be treated as the sole property of the Bank until consummation of FBC whether or not the transactions contemplated hereby and, if such are consummated. If the transactions contemplated hereby shall not occur, FBC the Bank shall either destroy or return to the Bank FBC all documents or and other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purposes. The obligations contained in this Section 7.3(a6.3(a) shall survive any termination of this Agreement until the second anniversary of the termination of this Agreement. (b) In the event that this Agreement is terminated and the Consolidation is not consummatedterminated, for a period of two years from such termination the date the Agreement is terminated, FBC Bank agrees that it will not, without the prior approval of the BankFBC, directly or indirectly solicit for employment or hire any current officer or senior manager of the Bank FBC or Franklin on the date the Agreement is terminated; provided, however, that the foregoing shall not apply to (i) the use of an independent employment agency (so long as the agency was not directed to solicit a particular individual or class of individuals that could only be satisfied by employees of the Bank FBC or Franklin as of the date the Agreement is terminated), ) or (ii) the use of a general solicitation (such as an advertisementadvertisements) not specifically directed to employees of the BankFBC or Franklin.

Confidentiality; Nonsolicitation. (a) FBC shall not (i) before or after the consummation or termination of this Agreement, directly or indirectly (i) disclose any confidential information acquired from the Bank, either before or after the date of this Agreement, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than in connection with the regulatory notice and application process process, or (ii) after termination of this AgreementAgreement pursuant to Section 11.1 hereof, use such information for its own purposes or for the benefit of any person, firm, corporation, association, or other entity under any circumstances. All information furnished previously or currently by the Bank in connection with the transactions contemplated by this Agreement or pursuant hereto shall be treated as the sole property of the Bank until consummation of the transactions contemplated hereby and, if such transactions shall not occur, FBC shall either destroy or return to the Bank all documents or other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purposes. The obligations contained in this Section 7.3(a) obligation to keep such information confidential shall survive any termination of this Agreement until continue for two years from the second anniversary of date the termination of this Agreementproposed transactions are abandoned. (b) In the event that this Agreement is terminated and the Consolidation Merger is not consummated, for a period of two years from the date the Agreement is terminated, FBC agrees that it will not, without the prior approval of the Bank, directly or indirectly solicit for employment or hire any current officer or manager of the Bank on the date the Agreement is terminated; provided, however, that the foregoing shall not apply to (i) the use of an independent employment agency (so long as the agency was not directed to solicit a particular individual or class of individuals that could only be satisfied by employees of the Bank as of the date the Agreement is terminated), or (ii) the use of a general solicitation (such as an advertisement) not specifically directed to employees of the Bank.

Confidentiality; Nonsolicitation. (a) FBC The Bank and the Principal Shareholder shall not not, before or after the consummation or termination of this Agreement, directly or indirectly (i) disclose any confidential information acquired from the BankFBC, either before or after the date of this Agreement, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than in connection with the regulatory notice and application process or (ii) or, after termination of this AgreementAgreement pursuant to Section 9.1 hereof, use such information for its own purposes or for the benefit of any person, firm, corporation, association, or other entity under any circumstances. All information furnished previously or currently hereafter furnished by the Bank FBC in connection with the transactions contemplated by this Agreement or pursuant hereto shall be treated as the sole property of the Bank until consummation of FBC whether or not the transactions contemplated hereby and, if such are consummated. If the transactions contemplated hereby shall not occur, FBC the Bank and the Principal Shareholder shall either destroy or return to the Bank FBC all documents or and other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purposes. The obligations contained in this Section 7.3(a) obligation to keep such information confidential shall survive any termination of this Agreement until continue for two years from the second anniversary of date the termination of this Agreementproposed transactions are abandoned. (b) In the event that this Agreement is terminated and the Consolidation is not consummatedterminated, for a period of two years from such termination the date Bank and the Agreement is terminated, FBC agrees Principal Shareholder agree that it they will not, without the prior approval of the BankFBC, directly or indirectly solicit for employment or hire any current executive officer or senior manager of the Bank FBC or Franklin on the date the Agreement is terminated; provided, however, that the foregoing shall not apply to (i) the use of an independent employment agency (so long as the agency was not directed to solicit a particular individual or class of individuals that could only be satisfied by employees of the Bank FBC or Franklin as of the date the Agreement is terminated), ) or (ii) the use of a general solicitation (such as an advertisementadvertisements) not specifically directed to employees of the BankFBC or Franklin.

Confidentiality; Nonsolicitation. (a) FBC The Bank shall not not, before or after the consummation or termination of this Agreement, directly or indirectly (i) disclose any confidential information acquired from the BankFBC, either before or after the date of this Agreement, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than in connection with the regulatory notice and application process or (ii) or, after termination of this AgreementAgreement pursuant to Section 11.1 hereof, use such information for its their own purposes or for the benefit of any person, firm, corporation, association, or other entity under any circumstances. All information furnished previously or currently hereafter furnished by the Bank FBC in connection with the transactions contemplated by this Agreement or pursuant hereto shall be treated as the sole property of the Bank until consummation of FBC whether or not the transactions contemplated hereby and, if such are consummated. If the transactions contemplated hereby shall not occur, FBC the Bank shall either destroy or return to the Bank FBC all documents or and other materials containing, reflecting or referring to such information, shall use its their best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purposes. The obligations contained in this Section 7.3(a) obligation to keep such information confidential shall survive any termination of this Agreement until continue for two years from the second anniversary of date the termination of this Agreementproposed transactions are abandoned. (b) In the event that this Agreement is terminated and the Consolidation is not consummatedterminated, for a period of two years from such termination the date the Agreement is terminated, FBC Bank agrees that it will not, without the prior approval of the BankFBC, directly or indirectly solicit for employment or hire any current officer or senior manager of the FBC or Franklin Bank on the date the Agreement is terminated; provided, however, that the foregoing shall not apply to (i) the use of an independent employment agency (so long as the agency was not directed to solicit a particular individual or class of individuals that could only be satisfied by employees of the FBC or Franklin Bank as of the date the Agreement is terminated), ) or (ii) the use of a general solicitation (such as an advertisementadvertisements) not specifically directed to employees of the FBC or Franklin Bank.

Confidentiality; Nonsolicitation. (a) FBC shall not (i) before or after the consummation or termination of this Agreement, directly or indirectly (i) disclose any confidential information acquired from the Bank, either before or after the date of this Agreement, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than in connection with the regulatory notice and application process process, or (ii) after termination of this AgreementAgreement pursuant to Section 9.1 hereof, use such information for its own purposes or for the benefit of any person, firm, corporation, association, or other entity under any circumstances. All information furnished previously or currently by the Bank in connection with the transactions contemplated by this Agreement or pursuant hereto shall be treated as the sole property of the Bank until consummation of the transactions contemplated hereby and, if such transactions shall not occur, FBC shall either destroy or return to the Bank all documents or other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purposes. The obligations contained in this Section 7.3(a) obligation to keep such information confidential shall survive any termination of this Agreement until continue for two years from the second anniversary of date the termination of this Agreementproposed transactions are abandoned. (b) In the event that this Agreement is terminated and the Consolidation is not consummated, for a period of two years from the date the Agreement is terminated, FBC agrees that it will not, without the prior approval of the Bank, directly or indirectly solicit for employment or hire any current executive officer or senior manager of the Bank on the date the Agreement is terminated; provided, however, that the foregoing shall not apply to (i) the use of an independent employment agency (so long as the agency was not directed to solicit a particular individual or class of individuals that could only be satisfied by employees of the Bank as of the date the Agreement is terminated), or (ii) the use of a general solicitation (such as an advertisement) not specifically directed to employees of the Bank.