Common use of Interest Rate Risk Management Instruments Clause in Contracts

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of BANC ONE or for the account of a customer of BANC ONE or one of its Subsidiaries, were entered into in the ordinary course of business and, to BANC ONE's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of BANC ONE or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. BANC ONE and each of its Subsidiaries has duly performed in all material respects all of its material obligations thereunder to the extent that such obligations to perform have accrued; and to BANC ONE's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (First Chicago NBD Corp), Agreement and Plan of Reorganization (Bank One Corp), Agreement and Plan of Reorganization (Banc One Corp /Oh/)

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Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of BANC ONE Xxxxx Fargo or for the account of a customer of BANC ONE Xxxxx Fargo or one of its Subsidiaries, were entered into in the ordinary course of business and, to BANC ONEXxxxx Fargo's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of BANC ONE Xxxxx Fargo or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. BANC ONE Xxxxx Fargo 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 BANC ONEXxxxx Fargo's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wells Fargo & Co), Agreement and Plan of Merger (Norwest Corp)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of BANC ONE Pinnacle or for the account of a customer of BANC ONE Pinnacle or one of its Subsidiaries, were entered into in the ordinary course of business and, to BANC ONEPinnacle's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of BANC ONE Pinnacle or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. BANC ONE Pinnacle 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 and, to BANC ONEPinnacle's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pinnacle Financial Services Inc), Stock Option Agreement (Indiana Federal Corp)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of BANC ONE Pinnacle or for the account of a customer of BANC ONE Pinnacle or one of its Subsidiaries, were entered into in the ordinary course of business and, to BANC ONEPinnacle's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of BANC ONE Pinnacle or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. BANC ONE Pinnacle 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 and, to BANC ONEPinnacle's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.. 3.19

Appears in 1 contract

Samples: Agreement and Plan of Merger Agreement (Pinnacle Financial Services Inc)

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Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors floors, option agreements, futures and option agreements forward contracts and other interest rate similar derivative transactions and risk management arrangements, whether entered into for the account of BANC ONE BKYF, any of its Subsidiaries or for the account of a customer of BANC ONE BKYF or one of its Subsidiaries, were entered into in the ordinary course of business and, to BANC ONE's knowledge, and in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of BANC ONE BKYF or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. BANC ONE BKYF 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 , and, to BANC ONE's BKYF’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank of Kentucky Financial Corp)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of BANC ONE BankBoston or for the account of a customer of BANC ONE BankBoston or one of its Subsidiaries, were entered into in the ordinary course of business and, to BANC ONEBankBoston's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of BANC ONE BankBoston or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. BANC ONE BankBoston 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 and, to BANC ONEBankBoston's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bankboston Corp)

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