Common use of Forbearances of Mercantile Clause in Contracts

Forbearances of Mercantile. Except to the extent required by law, regulation or Regulatory Authority, or with the prior written consent of Bancshares, during the period from the date of this Agreement to the Effective Time, Mercantile shall not and shall not permit any of the Mercan- tile Subsidiaries to: (a) declare, set aside or pay any dividends or other distributions, directly or indirectly, in respect of its capital stock (other than dividends from any of the Mercantile Subsidiaries to Mercan- tile or to another of the Mercantile Subsidiaries), except that Mercantile may pay its regular quar- terly dividends in amounts as it shall determine from time to time; (b) take any action that would (A) materially impede or delay the consummation of the transac- tions contemplated by this Agreement or the ability of Bancshares or Mercantile to obtain any approval of any Regulatory Authority required for the trans- actions contemplated by this Agreement or to per- form its covenants and agreements under this Agree- ment or (B) prevent the transactions contemplated hereby from qualifying as a reorganization within the meaning of Section 368 of the Code; or (c) agree in writing or otherwise to take any of the foregoing actions or engage in any activity, enter into any transaction or intentionally take or omit to take any other action which would make any of the representations and warranties in Article III of this Agreement untrue or incorrect in any material respect if made anew after engaging in such activity, entering into such transaction, or taking or omitting such other action.

Forbearances of Mercantile. Except to the extent required by law, regulation or Regulatory Authority, or with the prior written consent of BancsharesFirstbank, during the period from the date of this Agreement to the Effective Time, Mercantile shall not and shall not permit any of the Mercan- tile Mercantile Subsidiaries to: (a) declare, set aside or pay any dividends or other distributions, directly or indirectly, in respect of its capital stock (other than dividends from any of the Mercantile Subsidiaries to Mercan- tile Mercantile or to another of the Mercantile Subsidiaries), except that Mercantile may pay its regular quar- terly quarterly dividends in amounts as it shall determine from time to timetime consistent with past practices; (b) take any action that would (A) materially impede or delay the consummation of the transac- tions transactions contemplated by this Agreement or the ability of Bancshares Firstbank or Mercantile to obtain any approval of any Regulatory Authority required for the trans- actions transactions contemplated by this Agreement or to per- form perform its covenants and agreements under this Agree- ment or Agreement, (B) prevent the transactions contemplated hereby from qualifying as a reorganization within the meaning of Section 368 368(a) of the CodeCode or (C) unless Mercantile shall have waived the condition set forth in Section 6.03(c), prevent the Merger from qualifying for pooling-of-interests accounting treatment; or (c) agree in writing or otherwise to take any of the foregoing actions or engage in any activity, enter into any transaction or intentionally take or omit to take any other action which would make any of the representations and warranties in Article III of this Agreement untrue or incorrect in any material respect if made anew after engaging in such activity, entering into such transaction, or taking or omitting such other action.

Forbearances of Mercantile. Except to the extent required by law, regulation or Regulatory Authority, or with the prior written consent of BancsharesFirstbank, during the period from the date of this Agreement to the Effective Time, Mercantile shall not and shall not permit any of the Mercan- tile Mercantile Subsidiaries to: (a) declare, set aside or pay any dividends or other distributions, directly or indirectly, in respect of its capital stock (other than dividends from any of the Mercantile Subsidiaries to Mercan- tile Mercantile or to another of the Mercantile Subsidiaries), except that Mercantile may pay its regular quar- terly quarterly dividends in amounts as it shall determine from time to timetime consistent with past practices; (b) take any action that would (A) materially impede or delay the consummation of the transac- tions transactions contemplated by 35 37 this Agreement or the ability of Bancshares Firstbank or Mercantile to obtain any approval of any Regulatory Authority required for the trans- actions transactions contemplated by this Agreement or to per- form perform its covenants and agreements under this Agree- ment or Agreement, (B) prevent the transactions contemplated hereby from qualifying as a reorganization within the meaning of Section 368 368(a) of the CodeCode or (C) unless Mercantile shall have waived the condition set forth in Section 6.03(c), prevent the Merger from qualifying for pooling-of-interests accounting treatment; or (c) agree in writing or otherwise to take any of the foregoing actions or engage in any activity, enter into any transaction or intentionally take or omit to take any other action which would make any of the representations and warranties in Article III of this Agreement untrue or incorrect in any material respect if made anew after engaging in such activity, entering into such transaction, or taking or omitting such other action.