IMMATERIAL BREACH. Notwithstanding anything to the contrary contained herein, no party hereto shall have the right to terminate this Agreement on account of its own breach or because of any immaterial breach by any other party hereto of any covenant, agreement representation, warranty, duty, or obligation hereunder. Failure to clear an Encumbrance on an asset prior to Closing shall be an immaterial breach under this Section provided that such Encumbrance does not materially impair the value or use of the Asset.
Appears in 1 contract
Samples: Loan Purchase and Assumption Agreement (Americasbank Corp)
IMMATERIAL BREACH. Notwithstanding anything to the contrary contained herein, no party hereto shall have the right to terminate this Agreement on account of its own breach or because of any immaterial breach by any other party hereto of any covenant, agreement representation, warranty, duty, or obligation hereunder. Failure to clear an Encumbrance on an asset prior to Closing shall be an immaterial breach Immaterial Breach under this Section provided that such Encumbrance does not materially impair affect the value or use of the Asset.
Appears in 1 contract
Samples: Branch Purchase and Assumption Agreement (Americasbank Corp)
IMMATERIAL BREACH. Notwithstanding anything to the contrary contained herein, no party hereto shall will have the right to terminate this Agreement on account of its own breach or because of any immaterial breach by any the other party hereto of any covenant, agreement agreement, representation, warranty, duty, or obligation hereunder. Failure to clear an Encumbrance on an asset prior to Closing shall be an immaterial breach under this Section provided that such Encumbrance does not materially impair the value or use of the Asset.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Glacier Bancorp Inc)
IMMATERIAL BREACH. Notwithstanding anything to the contrary contained herein, no party hereto shall have the right to terminate this Agreement on account of its own breach or because of any 77 immaterial breach by any the other party hereto of any covenant, agreement agreement, representation, warranty, duty, duty or obligation hereunder. Failure to clear an Encumbrance on an asset prior to Closing shall be an immaterial breach under this Section provided that such Encumbrance does not materially impair the value or use of the Asset.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Center Banks Inc)