No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Grandsouth Bancorporation), Securities Purchase Agreement (California BanCorp), Securities Purchase Agreement (Bay Banks of Virginia Inc)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation Material Contracts and any employment, “change in control,” severance or other employee or director compensation agreements and or any benefit planplan of the Company or any of its Subsidiaries, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Bancorp 34, Inc.), Securities Purchase Agreement (Castle Creek Capital Partners VI, LP), Securities Purchase Agreement (Central Federal Corp)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Common Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Live Oak Bancshares, Inc.), Securities Purchase Agreement (Live Oak Bancshares, Inc.), Securities Purchase Agreement (First NBC Bank Holding Co)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares Securities to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Ecb Bancorp Inc), Securities Purchase Agreement (Ecb Bancorp Inc), Securities Purchase Agreement (Ecb Bancorp Inc)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 4 contracts
Samples: Securities Purchase Agreement (MVB Financial Corp), Purchase Agreement (Sunshine Bancorp, Inc.), Purchase Agreement (Bank of the James Financial Group Inc)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Preferred Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Heritage Commerce Corp), Securities Purchase Agreement (Heritage Commerce Corp)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Preferred Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 2 contracts
Samples: Securities Purchase Agreement (North Valley Bancorp), Securities Purchase Agreement (Heritage Oaks Bancorp)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares to the Purchasers will not trigger a “"change of control” " or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “"change in control,” " severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
No Change of Control. The Company shall use its reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Preferred Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Common Shares to the Purchasers Purchaser will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
Samples: Securities Purchase Agreement (First NBC Bank Holding Co)
No Change of Control. The Company shall use commercially reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation Material Contracts and any employment, “change in control,” severance or other employee or director compensation agreements and or any benefit planplan of the Company or any of its Subsidiaries, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
Samples: Securities Purchase Agreement (Castle Creek Capital Partners V, LP)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares to the Purchasers will not trigger a “change of control” or other similar provision in any of the material agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
Samples: Securities Purchase Agreement (Customers Bancorp, Inc.)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments waivers and make all appropriate determinations so that the issuance of the Purchased Shares and Conversion Securities to the Purchasers an Investor, collectively, will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its the Company Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit planBenefit Plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
Samples: Investment Agreement (Third Coast Bancshares, Inc.)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments waivers and make all appropriate determinations so that the issuance of the Shares Convertible Preferred Stock and Conversion Securities to the Purchasers Investors, collectively, will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit planBenefit Plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares Securities to the Purchasers Purchaser will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
Samples: Securities Purchase Agreement (Porter Bancorp, Inc.)
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares Securities to the Purchasers Purchaser will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation Material Contracts and any employment, “change in control,” severance or other employee or director compensation agreements and or any benefit planBenefit Plan of the Company or any Company Subsidiary, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
No Change of Control. The Company shall use reasonable best efforts to obtain all necessary irrevocable waivers, adopt any required amendments and make all appropriate determinations so that the issuance of the Shares Securities to the Purchasers will not trigger a “change of control” or other similar provision in any of the agreements to which the Company or any of its Subsidiaries is a party, including without limitation any employment, “change in control,” severance or other agreements and any benefit plan, which results in payments to the counterparty or the acceleration of vesting of benefits.
Appears in 1 contract
