Common use of Forbearances Clause in Contracts

Forbearances. During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as set forth in the First Horizon Disclosure Schedule or the IBKC Disclosure Schedule, as expressly contemplated or permitted by this Agreement or as required by law, neither First Horizon nor IBKC shall, and neither First Horizon nor IBKC shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement (such consent not to be unreasonably withheld, conditioned or delayed): (a) other than (i) federal funds borrowings and Federal Home Loan Bank borrowings, in each case, with a maturity not in excess of six (6) months, and (ii) deposits, in each case, in the ordinary course of business, incur any indebtedness for borrowed money (other than indebtedness of IBKC or any of its wholly-owned Subsidiaries to IBKC or any of its wholly-owned Subsidiaries, on the one hand, or of First Horizon or any of its wholly-owned Subsidiaries to First Horizon or any of its 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 (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include the creation of deposit liabilities, issuances of letters of credit, purchases of federal funds, borrowings from the Federal Home Loan Bank, sales of certificates of deposits, and entry into repurchase agreements, in each case, on terms and in amounts consistent with past practice); (b) (i) adjust, split, combine or reclassify any capital stock;

Appears in 2 contracts

Samples: Merger Agreement (Iberiabank Corp), Merger Agreement (First Horizon National Corp)

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Forbearances. During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as set forth in the First Horizon BB&T Disclosure Schedule or the IBKC SunTrust Disclosure Schedule, as expressly contemplated or permitted by this Agreement or as required by law, neither First Horizon BB&T nor IBKC SunTrust shall, and neither First Horizon BB&T nor IBKC SunTrust shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement (such consent not to be unreasonably withheld, conditioned or delayed): (a) other than (i) federal funds borrowings and Federal Home Loan Bank borrowings, in each case, case with a maturity not in excess of six (6) months, and (ii) deposits, in each case, case in the ordinary course of business, incur any indebtedness for borrowed money (other than indebtedness of IBKC SunTrust or any of its wholly-owned Subsidiaries to IBKC SunTrust or any of its wholly-owned Subsidiaries, on the one hand, or of First Horizon BB&T or any of its wholly-owned Subsidiaries to First Horizon BB&T or any of its 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 (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include the creation of deposit liabilities, issuances of letters of credit, purchases of federal funds, borrowings from the Federal Home Loan Bank, sales of certificates of deposits, and entry into repurchase agreements, in each case, on terms and in amounts consistent with past practice)entity; (b) (i) adjust, split, combine or reclassify any capital stock;

Appears in 2 contracts

Samples: Merger Agreement (Bb&t Corp), Merger Agreement (Suntrust Banks Inc)

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Forbearances. During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as set forth in the First Horizon BYFC Disclosure Schedule or the IBKC CFB Disclosure Schedule, as expressly contemplated or permitted by this Agreement or as required by law, neither First Horizon BYFC nor IBKC CFB shall, and neither First Horizon BYFC nor IBKC CFB shall permit any of their respective Subsidiaries to, without the prior written consent of the other party to this Agreement (such consent not to be unreasonably withheld, conditioned or delayed): (a) other than (i) federal funds borrowings and Federal Home Loan Bank borrowings, in each case, case with a maturity not in excess of six (6) months, and (ii) deposits, in each case, in the ordinary course of business, incur any indebtedness for borrowed money (other than indebtedness of IBKC CFB or any of its wholly-wholly owned Subsidiaries to IBKC CFB or any of its wholly-wholly owned Subsidiaries, on the one hand, or of First Horizon BYFC or any of its wholly-wholly owned Subsidiaries to First Horizon BYFC 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 (it being understood and agreed that incurrence of indebtedness in the ordinary course of business shall include the creation of deposit liabilities, issuances of letters of credit, purchases of federal funds, borrowings from the Federal Home Loan Bank, sales of certificates of deposits, and entry into repurchase agreements, in each case, on terms and in amounts consistent with past practice)entity; (b) (i) adjust, split, combine or reclassify any capital stock;

Appears in 1 contract

Samples: Merger Agreement (Broadway Financial Corp \De\)

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