Common use of Forbearances Clause in Contracts

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo Disclosure Schedule or the Norwest Disclosure Schedule, as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option Agreements, neither Xxxxx Fargo nor Norwest shall, and neither Xxxxx Fargo nor Norwest shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement: (a) other than in the ordinary course of business, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest or any of its wholly-owned Subsidiaries to Norwest or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo or any of its Subsidiaries to Xxxxx Fargo or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal funds, sales of certificates of deposit and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo FNB Disclosure Schedule or the Norwest LSB Disclosure Schedule, as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option AgreementsAgreement, neither Xxxxx Fargo FNB nor Norwest LSB shall, and neither Xxxxx Fargo FNB nor Norwest LSB shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement, which consent will not be unreasonably withheld: (a) other than in the ordinary course of business, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest LSB or any of its wholly-owned Subsidiaries to Norwest LSB or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo FNB or any of its Subsidiaries to Xxxxx Fargo FNB or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal federal funds, sales of certificates of deposit and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective TimeTime or earlier termination of this Agreement, except as set forth in the Xxxxx Fargo Parent Disclosure Schedule (with respect to the Parent Parties) or the Norwest Company Disclosure ScheduleSchedule (with respect to Company), as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option Agreementsas required by law (including any Pandemic Measures), neither Xxxxx Fargo the Parent Parties nor Norwest Company shall, and neither Xxxxx Fargo nor Norwest shall permit any of cause their respective Subsidiaries not to, without the prior written consent of the other party Party (such consent not to this Agreement:be unreasonably withheld, conditioned or delayed): (a) other than (i) federal funds borrowings (including under the Federal Reserve Bank Term Funding Program (BTFP)) and Federal Home Loan Bank borrowings, in each case with a maturity not in excess of two (2) years, (ii) the creation of deposit liabilities (including reciprocal and brokered deposits), (iii) issuances of letters of credit, (iv) purchases of federal funds, (v) sales of certificates of deposit and (vi) entry into repurchase agreements, in each case in the ordinary course of business, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest Company or any of its wholly-wholly owned Subsidiaries to Norwest Company or any of its wholly owned Subsidiaries, on the one hand, or of Xxxxx Fargo Parent or any of its wholly owned Subsidiaries to Xxxxx Fargo Parent or any of its wholly-wholly owned Subsidiaries, on the other hand), or assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal funds, sales of certificates of deposit and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo Disclosure Schedule or the Norwest Disclosure Schedule, as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option AgreementsAgreement, neither Xxxxx Fargo MidCity nor Norwest MB shall, and neither Xxxxx Fargo MidCity nor Norwest MB shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement:Agreement (which consent shall not be unreasonably withheld with respect to subsections (e), (f)(v), (k) and (l)): (a) other than in the ordinary course of businessbusiness or in connection with the funding of the MB Acquisition, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest MB or any of its Subsidiaries to MB or any of its wholly-owned Subsidiaries to Norwest or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo MidCity or any of its Subsidiaries to Xxxxx Fargo MidCity or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation creating deposit liabilities (including certificates of deposit liabilitiesdeposit), purchases of purchasing Federal funds, sales of certificates of deposit receiving advances from the Federal Home Loan Bank and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo Lycos Disclosure Schedule or the Norwest TMCS Disclosure Schedule, or as disclosed prior to the date hereof in the TMCS Reports or the Lycos Reports, as the case may be, and, except as expressly contemplated or permitted by this Agreement, the Contribution Agreement or the Option Agreements, neither Xxxxx Fargo nor Norwest none of Lycos, TMCS, Newco, L Merger Sub and T Merger Sub shall, and neither Xxxxx Fargo nor Norwest none of Lycos, TMCS or Newco shall permit any of their respective Subsidiaries to, without the prior written consent of the other party parties to this Agreement:Agreement (provided that the consent of Parent shall be deemed to be the consent of Newco and the Merger Subs) (a) other than in the ordinary course of businessbusiness and amounts that are not material, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest TMCS or any of its wholly-owned Subsidiaries to Norwest TMCS or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo Lycos or any of its Subsidiaries to Xxxxx Fargo Lycos or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal funds, sales of certificates of deposit and entering into repurchase agreements)advance; (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo Fleet Disclosure Schedule or the Norwest BankBoston Disclosure Schedule, as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option Agreements, neither Xxxxx Fargo Fleet nor Norwest BankBoston shall, and neither Xxxxx Fargo Fleet nor Norwest BankBoston shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement: (a) other than in the ordinary course of business, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest BankBoston or any of its wholly-owned Subsidiaries to Norwest BankBoston or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo Fleet or any of its Subsidiaries to Xxxxx Fargo Fleet or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal funds, sales of certificates of deposit and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo CCB Disclosure Schedule or the Norwest NCBC Disclosure Schedule, as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option Agreements, neither Xxxxx Fargo CCB nor Norwest NCBC shall, and neither Xxxxx Fargo CCB nor Norwest NCBC shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement: (a) other than in the ordinary course of business, incur any indebtedness for borrowed money (other than short-term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest NCBC or any of its wholly-wholly- owned Subsidiaries to Norwest NCBC or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo CCB or any of its Subsidiaries to Xxxxx Fargo CCB or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal funds, sales of certificates of deposit and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;

Forbearances. During the period from the date of this Agreement to the Effective Time, except as set forth in the Xxxxx Fargo BANC ONE Disclosure Schedule or the Norwest FCN Disclosure Schedule, as the case may be, and, except as expressly contemplated or permitted by this Agreement or the Option Agreements, neither Xxxxx Fargo nor Norwest none of BANC ONE, Newco and FCN shall, and neither Xxxxx Fargo BANC ONE nor Norwest FCN shall permit any of their respective Subsidiaries to, without the prior written consent of BANC ONE, in the other party case of actions proposed to this Agreementbe undertaken by FCN, or of FCN, in the case of actions proposed to be undertaken by BANC ONE or Newco: (a) other than in the ordinary course of businessbusiness consistent with past practice, incur any indebtedness for borrowed money (other than short-short- term indebtedness incurred to refinance short-term indebtedness and indebtedness of Norwest FCN or any of its wholly-owned Subsidiaries to Norwest FCN or any of its Subsidiaries, on the one hand, or of Xxxxx Fargo BANC ONE or any of its Subsidiaries to Xxxxx Fargo BANC ONE or any of its wholly-owned Subsidiaries, on the other hand), assume, guarantee, endorse or otherwise as an accommodation become responsible for the obligations of any other individual, corporation or other entity, or make any loan or advance (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include, without limitation, the creation of deposit liabilities, purchases of Federal funds, sales of certificates of deposit and entering into repurchase agreements); (b) (i) adjust, split, combine or reclassify any capital stock;