Investment Securities and Commodities. (i) Each of the Company and its Subsidiaries has good title in all material respects to all securities and commodities owned by it (except those sold under repurchase agreements) which are material to the Company and its Subsidiaries on a consolidated basis, free and clear of any Liens, except for such failures to have good title as are set forth in the financial statements included in the Company Reports as of the entry into this Agreement or to the extent such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects.
Appears in 6 contracts
Samples: Registration Rights Agreement (First Foundation Inc.), Registration Rights Agreement (First Foundation Inc.), Registration Rights Agreement (First Foundation Inc.)
Investment Securities and Commodities. (i) Each of the Company and its Subsidiaries has good title in all material respects to all securities and commodities owned by it (except those sold under repurchase agreements) which are material to the Company and its Subsidiaries on a consolidated basis, free and clear of any Liens, except for such failures to have good title as are set forth in the financial statements included in the Company Reports as of the entry into date of this Agreement or to the extent such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects.
Appears in 3 contracts
Samples: Investment Agreement (Warburg Pincus LLC), Investment Agreement (Banc of California, Inc.), Investment Agreement (Banc of California, Inc.)
Investment Securities and Commodities. (ia) Each of the Company and its Subsidiaries has good title in all material respects to all securities and commodities owned by it (except those sold under repurchase agreements) which are material to the Company and its Subsidiaries on a consolidated basisagreements or held in any fiduciary or agency capacity), free and clear of any LiensLien, except for such failures to have good title (i) as are set forth in the financial statements included in the Company SEC Reports as of the entry into this Agreement or and (ii) to the extent that such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CommunityOne Bancorp), Agreement and Plan of Merger (Capital Bank Financial Corp.)