Interest Rate Risk Management Instruments. (a) All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements to which the Company or any of its Subsidiaries is a party or by which any of their properties or assets may be bound were entered into in the Ordinary Course of Business and in accordance with prudent banking practice and applicable rules, regulations and policies of Company Regulatory Agencies and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations enforceable in accordance with their terms (except as may be limited by general principles of equity, whether applied in a court of law or a court of equity, and by bankruptcy, insolvency and similar Laws affecting creditors’ rights and remedies generally), and are in full force and effect. The Company and each of its Subsidiaries has duly performed in all material respects all of its obligations thereunder to the extent that such obligations to perform have accrued; and, to the Knowledge of the Company, there are no breaches, violations or defaults or allegations or assertions of such by any party thereunder.
Appears in 4 contracts
Samples: Merger Agreement (First of Long Island Corp), Merger Agreement (First of Long Island Corp), Merger Agreement (ConnectOne Bancorp, Inc.)
Interest Rate Risk Management Instruments. (a) All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements to which the Company Parent or any of its Subsidiaries is a party or by which any of their properties or assets may be bound were entered into in the Ordinary Course of Business and in accordance with prudent banking practice and applicable rules, regulations and policies of Company Parent Regulatory Agencies and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations enforceable in accordance with their terms (except as may be limited by general principles of equity, whether applied in a court of law or a court of equity, and by bankruptcy, insolvency and similar Laws affecting creditors’ rights and remedies generally), and are in full force and effect. The Company Parent and each of its Subsidiaries has duly performed in all material respects all of its obligations thereunder to the extent that such obligations to perform have accrued; and, to the Knowledge of the CompanyParent, there are no breaches, violations or defaults or allegations or assertions of such by any party thereunder.
Appears in 4 contracts
Samples: Merger Agreement (First of Long Island Corp), Merger Agreement (First of Long Island Corp), Merger Agreement (ConnectOne Bancorp, Inc.)
Interest Rate Risk Management Instruments. (a) All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements to which arrangements, whether entered into for the account of Subject Company or any for the account of a customer of Subject Company or one of its Subsidiaries is a party or by which any of their properties or assets may be bound Subsidiaries, were entered into in the Ordinary Course of Business and in accordance with prudent banking practice practices and applicable rules, regulations and policies of Company Regulatory Agencies any regulatory authority and with counterparties believed to be financially responsible at the time, time and are legal, valid and binding obligations of Subject Company or one of its Subsidiaries enforceable in accordance with their terms (except as enforcement may be limited by general principles of equity, equity whether applied in a court of law or a court of equity, equity and by bankruptcy, insolvency and similar Laws laws affecting creditors’ ' rights and remedies generally), and are in full force and effect. The Subject Company and each of its Subsidiaries has have duly performed in all material respects all of its their material obligations thereunder to the extent that such obligations to perform have accrued; and, to the Knowledge of the Subject Company's knowledge, there are no breaches, violations or defaults or allegations or assertions of such by any party thereunderthereunder which would have or would reasonably be expected to have a Material Adverse Effect on Subject Company.
Appears in 4 contracts
Samples: Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (Wells Fargo & Co), Merger Agreement (First Interstate Bancorp /De/)
Interest Rate Risk Management Instruments. (a) All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements to which arrangements, whether entered into for the Company account of Parent or any for the account of a customer of Parent or one of its Subsidiaries is a party or by which any of their properties or assets may be bound Subsidiaries, were entered into in the Ordinary Course of Business and in accordance with prudent banking practice practices and applicable rules, regulations and policies of Company Regulatory Agencies any regulatory authority and with counterparties believed to be financially responsible at the time, time and are legal, valid and binding obligations of Parent or one of its Subsidiaries enforceable in accordance with their terms (except as enforcement may be limited by general principles of equity, equity whether applied in a court of law or a court of equity, equity and by bankruptcy, insolvency and similar Laws laws affecting creditors’ ' rights and remedies generally), and are in full force and effect. The Company Parent and each of its Subsidiaries has have duly performed in all material respects all of its their material obligations thereunder to the extent that such obligations to perform have accrued; and, to the Knowledge of the CompanyParent's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereunder which would have or would reasonably be expected to have a Material Adverse Effect on Parent.
Appears in 4 contracts
Samples: Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (Wells Fargo & Co)