Common use of Covenants of BancTrust Clause in Contracts

Covenants of BancTrust. From the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, BancTrust covenants and agrees that it shall and shall cause each of its Subsidiaries to continue to conduct its business and the business of its Subsidiaries in a manner designed in its reasonable judgment to enhance the long-term value of the BancTrust Common Stock and the business prospects of the BancTrust Companies and to the extent consistent therewith use all reasonable efforts to preserve intact the BancTrust Companies’ core businesses and goodwill with their respective employees and the communities they serve, to diligently pursue by means of all commercially reasonable efforts the obtaining of Suitable Financing, and, except as expressly contemplated by this Agreement or as Previously Disclosed, will not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following without the prior written consent of the chief executive officer, president or chief financial officer of Peoples, which consent shall not be unreasonably withheld or delayed: (a) fail to file timely any report required to be filed by it with Regulatory Authorities, including the SEC; or (b) take any action which would cause the BancTrust Common Stock to cease to be traded on the Nasdaq; or (c) take any action which would Materially adversely affect the ability of any Party to obtain any Consents required for the transactions contemplated hereby; or (d) take any action which would Materially adversely affect the ability of any Party to perform its covenants and agreements under this Agreement; or (e) amend the Articles of Incorporation or Bylaws of BancTrust, in each case, in any manner which is adverse to, and discriminates against, the holders of Peoples Common Stock; or (f) declare or pay any dividend or make any other distribution in respect of BancTrust’s capital stock, except that BancTrust may, without the need for obtaining such consent, continue to pay a quarterly cash dividend not to exceed $0.13 per share.

Covenants of BancTrust. From the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, BancTrust covenants and agrees that it shall and shall cause each of its Subsidiaries to continue to conduct its business and the business of its Subsidiaries in a manner designed in its reasonable judgment to enhance the long-term value of the BancTrust Common Stock and the business prospects of the BancTrust Companies and to the extent consistent therewith use all reasonable efforts to preserve intact the BancTrust Companies’ Companies= core businesses and goodwill with their respective employees and the communities they serve, to diligently pursue by means of all commercially reasonable efforts the obtaining of Suitable Financing, and, except as expressly contemplated by this Agreement or as Previously Disclosed, and will not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following without the prior written consent of the chief executive officer, president or chief financial officer of PeoplesCommerceSouth, which consent shall not be unreasonably withheld or delayedwithheld: (a) fail to file timely any report required to be filed by it with Regulatory Authorities, including the SEC; or (b) take any action which would cause the BancTrust Common Stock to cease to be traded on the Nasdaq; or (c) take any action which would Materially adversely affect the ability of any Party to obtain any Consents required for the transactions contemplated hereby; or (d) take any action which would Materially adversely affect the ability of any Party to perform its covenants and agreements under this Agreement; or (e) amend the Articles of Incorporation or Bylaws of BancTrust, in each case, in any manner which is adverse to, and discriminates against, the holders of Peoples CommerceSouth Common Stock; or (f) declare or pay any dividend or make any other distribution in respect of BancTrust’s 's capital stock, except that BancTrust may, without the need for obtaining such consent, continue to pay a quarterly cash dividend not to exceed $0.13 per share.13.

Covenants of BancTrust. From the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, BancTrust covenants and agrees that it shall and shall cause each of its Subsidiaries to continue to conduct its business and the business of its Subsidiaries in a manner designed in its reasonable judgment to enhance the long-term value of the BancTrust Common Stock and the business prospects of the BancTrust Companies and to the extent consistent therewith use all reasonable efforts to preserve intact the BancTrust Companies’ core businesses and goodwill with their respective employees and the communities they serve, to diligently pursue by means of all commercially reasonable efforts the obtaining of Suitable Financing, and, except as expressly contemplated by this Agreement or as Previously Disclosed, and will not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following without the prior written consent of the chief executive officer, president or chief financial officer of PeoplesCommerceSouth, which consent shall not be unreasonably withheld or delayedwithheld: (a) fail to file timely any report required to be filed by it with Regulatory Authorities, including the SEC; or (b) take any action which would cause the BancTrust Common Stock to cease to be traded on the Nasdaq; or (c) take any action which would Materially adversely affect the ability of any Party to obtain any Consents required for the transactions contemplated hereby; or (d) take any action which would Materially adversely affect the ability of any Party to perform its covenants and agreements under this Agreement; or (e) amend the Articles of Incorporation or Bylaws of BancTrust, in each case, in any manner which is adverse to, and discriminates against, the holders of Peoples CommerceSouth Common Stock; or (f) declare or pay any dividend or make any other distribution in respect of BancTrust’s capital stock, except that BancTrust may, without the need for obtaining such consent, continue to pay a quarterly cash dividend not to exceed $0.13 per share.13.