Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholders, except that: (i) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Nicolet Bankshares Inc), Agreement and Plan of Merger (Nicolet Bankshares Inc), Agreement and Plan of Merger (County Bancorp, Inc.)
Effect of Termination or Abandonment. In the event of Upon the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (i) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Midland States Bancorp, Inc.), Agreement and Plan of Merger (Midland States Bancorp, Inc.), Agreement and Plan of Merger (Centrue Financial Corp)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (i) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 3 contracts
Samples: Voting and Support Agreement (First Busey Corp /Nv/), Voting and Support Agreement (First Community Financial Partners, Inc.), Agreement and Plan of Merger (First Busey Corp /Nv/)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from any its fraud or a willful and material breach by that party of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Busey Corp /Nv/), Agreement and Plan of Merger (First Busey Corp /Nv/)
Effect of Termination or Abandonment. In Except as provided in Section 11.1, in the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (QCR Holdings Inc), Agreement and Plan of Merger (Guaranty Federal Bancshares Inc)
Effect of Termination or Abandonment. In the event of Upon the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholders, except that: (i) the Company Confidentiality Agreement, this Section 10.2the Confidentiality and Non-Disclosure Agreement dated as of July 17, Section 2019, delivered to Parent by the Company, Sections 10.2 and 10.3 and Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 1 contract
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (i) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article ARTICLE 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material a breach by that party of this Agreement.
Appears in 1 contract
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Busey Corp /Nv/)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Confidentiality Agreementconfidentiality agreements referred to in Section 5.1(d) and Section 6.1(c), this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from any willful and material a breach by that party of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Busey Corp /Nv/)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger Stock and Asset Purchase pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 10 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (QCR Holdings Inc)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersRepresentatives, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from for fraud, or any willful and material inaccuracy in or willful material breach by that party of any representation, or any willful material breach of any warranty, covenant or other provision contained in this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MidWestOne Financial Group, Inc.)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholders, except that: (i) the Confidentiality Agreement, this Section Section 10.2, Section Section 10.3 and Article Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mackinac Financial Corp /Mi/)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholders, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Guaranty Federal Bancshares Inc)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholders, except that: (i) that the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such the termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this Agreementhereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (County Bancorp, Inc.)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger Contemplated Transactions pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholders, except that: (i) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this AgreementAgreement or affect the ability of a party to seek equitable remedies under Section 11.4.
Appears in 1 contract
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Acquiror Confidentiality Agreement, the Company Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from any willful and material a breach by that party of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alerus Financial Corp)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (i) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nicolet Bankshares Inc)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (i) that the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article 11 shall survive such the termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this Agreementhereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Busey Corp /Nv/)
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (ia) the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article ARTICLE 11 shall survive such termination and abandonment; and (iib) no such termination shall relieve the breaching party from liability resulting from its fraud or any willful and material breach by that party of this Agreement.
Appears in 1 contract
Effect of Termination or Abandonment. In the event of the termination of this Agreement and the abandonment of the Merger pursuant to Section 10.1, this Agreement shall become null and void, and and, subject to Section 10.3, there shall be no liability of one party to the other or any restrictions on the future activities on the part of any party to this Agreement, or its respective directors, officers or shareholdersstockholders, except that: (i) that the Confidentiality Agreement, this Section 10.2, Section 10.3 and Article ARTICLE 11 shall survive such the termination and abandonment; and (ii) no such termination shall relieve the breaching party from liability resulting from any willful and material breach by that party of this Agreementhereof.
Appears in 1 contract