Common use of Failure to Disclose Clause in Contracts

Failure to Disclose. This Agreement may be terminated at any time prior to or on the Closing Date by United upon written notice to Tidelands, if it learns of any fact or condition not disclosed in this Agreement, the Disclosure Memorandum, the Tidelands Exchange Act Reports or the Tidelands Financial Statements, which was required to be disclosed by Tidelands pursuant to the provisions of this Agreement with respect to the business, properties, assets or earnings of Tidelands which materially and adversely affects such business, properties, assets or earnings or the ownership, value or continuance thereof.

Appears in 3 contracts

Samples: Merger Agreement, Merger Agreement (United Community Banks Inc), Merger Agreement (Tidelands Bancshares Inc)

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