Common use of No Conflict or Breach Clause in Contracts

No Conflict or Breach. Except as disclosed in the NSB Disclosure Schedule, neither the execution and delivery of this Agreement by NSB nor the consummation of the transactions contemplated hereby and by the Plan of Conversion, will (i) violate, conflict with or result in a breach of any provision of the Charter or Bylaws of NSB or the Articles of Incorporation or other organizing document or Bylaws of any NSB Subsidiary, (ii) violate any statute, code, ordinance, rule, regulation, judgment, order, writ, decree or injunction applicable to NSB or any NSB Subsidiary or to any of their properties or assets or (iii) violate, conflict with, result in a breach of any provisions of, constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, result in the termination of, accelerate the performance required by, or result in a right of termination or acceleration or the creation of any lien, security interest, charge or other encumbrance upon any of the properties or assets of NSB or any NSB Subsidiary under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, deed of trust, license, lease, agreement, commitment or other instrument or obligation to which NSB or any NSB Subsidiary is a party or by which NSB or any NSB Subsidiary or any of their properties or assets may be bound or affected, except for such violations, conflicts, breaches or defaults under this clause (iii) none of which, either individually or in the aggregate, will have a Material Adverse Effect on NSB and its NSB Subsidiaries, as a whole, or NSB's ability to perform any of its obligations under this Agreement.

Appears in 3 contracts

Samples: Merger Conversion Agreement (First Star Bancorp Inc), Merger Conversion Agreement (First Star Bancorp Inc), Merger Conversion Agreement (First Star Bancorp Inc)

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No Conflict or Breach. Except as disclosed in the NSB Disclosure Schedule, neither Neither the execution and delivery of this Agreement by NSB Fairmount and the Bank nor the consummation of the transactions contemplated hereby and by the Plan of Conversion, will (i) violate, conflict with or result in a breach of any an provision of the Charter Articles of Incorporation or Bylaws of NSB Fairmount or the Articles of Incorporation Incorporation, Articles of Association, Charter or other organizing document or Bylaws of any NSB Fairmount Subsidiary, (ii) violate any statute, code, ordinance, rule, regulation, judgment, order, writ, decree or injunction applicable to NSB Fairmount or any NSB Fairmount Subsidiary or to any of their properties or assets or (iii) violate, conflict with, result in a breach of any provisions of, constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, result in the termination of, accelerate the performance required by, or result in a right of termination or acceleration or the creation of any lien, security interest, charge or other encumbrance upon any of the properties or assets of NSB Fairmount or any NSB Fairmount Subsidiary under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, deed of trust, license, lease, agreement, commitment or other instrument or obligation to which NSB Fairmount or any NSB the Fairmount Subsidiary is a party or by which NSB Fairmount or any NSB the Fairmount Subsidiary or any of their properties or assets may be bound or affected, except for such violations, conflicts, breaches or defaults under this clause (iii) none of which, either individually or in the aggregate, will have a Material Adverse Effect on NSB Fairmount and its NSB Subsidiariesthe Fairmount Subsidiary, taken as a whole, or NSB's Fairmount’s ability to perform any of its obligations under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Fairmount Bancorp, Inc.)

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