Common use of Exception to Time Periods Clause in Contracts

Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.11, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b) and Section 4.11(c) either (i) purchaser(s) of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity properly electing to participate in such issuance pursuant to this Section 4.11sufficient to satisfy the terms of this Section 4.11 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities properly electing to participate in such issuance pursuant to this Section 4.11 sufficient to satisfy the terms of this Section 4.11.

Appears in 2 contracts

Samples: Investment Agreement (Corsair Capital LLC), Investment Agreement (United Community Banks Inc)

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Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.113.15, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b3.15(b) and Section 4.11(c3.15(c) either (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity Investor properly electing to participate in such issuance pursuant to this Section 4.11sufficient 3.15 sufficient to satisfy the terms of this Section 4.11 3.15 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities Investors properly electing to participate in such issuance pursuant to this Section 4.11 3.15 sufficient to satisfy the terms of this Section 4.113.15.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Atlantic Capital Bancshares, Inc.), Stock Purchase Agreement (First Security Group Inc/Tn)

Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.114.16, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b4.16(b) and Section 4.11(c4.16(c) either (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity Purchaser properly electing to participate in such issuance pursuant to this Section 4.11sufficient 4.16 sufficient to satisfy the terms of this Section 4.11 4.16 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities Purchasers properly electing to participate in such issuance pursuant to this Section 4.11 4.16 sufficient to satisfy the terms of this Section 4.114.16.

Appears in 1 contract

Samples: Securities Purchase Agreement (Yadkin Valley Financial Corp)

Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.114.9, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b4.9(b) and Section 4.11(c4.9(c) either (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity properly electing to participate in such issuance pursuant to this Section 4.11sufficient 4.9 sufficient to satisfy the terms of this Section 4.11 4.9 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities properly electing to participate in such issuance pursuant to this Section 4.11 4.9 sufficient to satisfy the terms of this Section 4.114.9.

Appears in 1 contract

Samples: Subscription Agreement (United Community Banks Inc)

Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.114.15, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b4.15(b) and Section 4.11(c4.15(c) either (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity Purchaser properly electing to participate in such issuance pursuant to this Section 4.11sufficient 4.15 sufficient to satisfy the terms of this Section 4.11 4.15 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities Purchasers properly electing to participate in such issuance pursuant to this Section 4.11 4.15 sufficient to satisfy the terms of this Section 4.114.15.

Appears in 1 contract

Samples: Securities Purchase Agreement (First Bancorp /Nc/)

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Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.114.16, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b4.16(b) and Section 4.11(c4.16(c) either (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity Shareholder properly electing to participate in such issuance pursuant to this Section 4.11sufficient 4.16 sufficient to satisfy the terms of this Section 4.11 4.16 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities Shareholders properly electing to participate in such issuance pursuant to this Section 4.11 4.16 sufficient to satisfy the terms of this Section 4.114.16.

Appears in 1 contract

Samples: Share Exchange Agreement (Yadkin Valley Financial Corp)

Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.114.19, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b4.19(b) and Section 4.11(c4.19(c) either either, as elected by the Company, (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity Purchaser properly electing to participate in such issuance pursuant to this Section 4.11sufficient 4.19 sufficient to satisfy the terms of this Section 4.11 4.19 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities Purchasers properly electing to participate in such issuance pursuant to this Section 4.11 4.19 sufficient to satisfy the terms of this Section 4.114.19.

Appears in 1 contract

Samples: Securities Purchase Agreement (Newbridge Bancorp)

Exception to Time Periods. Notwithstanding the foregoing provisions of this Section 4.114.7, in the event that New Securities are to be offered or issued by the Company at the written direction of the applicable federal banking regulator of the Company or the Bank, the Company may proceed to complete such issuance prior to the expiration of such time periods, so long as provision is made in such issuance such that subsequent to the time periods set forth in Section 4.11(b4.7(b) and Section 4.11(c4.7(c) either (i) purchaser(s) purchasers of such New Securities will be obligated to transfer that portion of such New Securities to any Subscription Entity the Investor properly electing to participate in such issuance pursuant to this Section 4.11sufficient 4.7 sufficient to satisfy the terms of this Section 4.11 4.7 or (ii) the Company shall issue an incremental amount of such New Securities to those Subscription Entities the Investor properly electing to participate in such issuance pursuant to this Section 4.11 4.7 sufficient to satisfy the terms of this Section 4.114.7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Four Oaks Fincorp Inc)

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