Common use of NO DEFAULT; CREATION OF LIENS Clause in Contracts

NO DEFAULT; CREATION OF LIENS. Neither the execution and delivery of this Agreement, nor the consummation of the Merger will (i) conflict with, result in the breach of, constitute a default under or accelerate the performance provided by the terms of (A) any judgment, order or decree of any court or other governmental agency to which Western or the Bank may be subject, (B) any of the "Material Contracts," as hereinafter defined, or (C) the Articles of Incorporation or Bylaws of Western or the Bank, or (ii) constitute an event that, with the lapse of time or action by a third party, would result in a default under any of the foregoing or result in the creation of any lien, charge or encumbrance upon the Western Common Stock or any of the Bank's capital stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Community First Bankshares Inc)

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NO DEFAULT; CREATION OF LIENS. Neither the execution and delivery of this Agreement, nor the consummation of the Merger will (i) conflict with, result in the breach of, constitute a default under or accelerate the performance provided by the terms of (A) any judgment, order or decree of any court or other governmental agency to which Western or the Bank CFBI may be subject, (B) any of the "Material Contracts," as hereinafter definedits material contracts, or (C) the Certificate of Incorporation/Articles of Incorporation Association or Bylaws of Western CFBI or the BankCFBI Subsidiary Banks, or (ii) constitute an event that, with the lapse of time or action by a third party, would result in a default under any of the foregoing or result in the creation of any lien, charge or encumbrance upon the Western CFBI Common Stock or any of the Bank's capital stockStock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Community First Bankshares Inc)

NO DEFAULT; CREATION OF LIENS. Neither the execution and delivery of this Agreement, nor the consummation of the Merger will (i) conflict with, result in the breach of, constitute a default under or accelerate the performance provided by the terms of (A) any judgment, order or decree of any court or other governmental agency to which Western Company or the Bank may be subject, (B) any of the "Material Contracts," as hereinafter defined, or (C) the Articles of Incorporation Incorporation/Association or Bylaws of Western Company or the Bank, or (ii) constitute an event that, with the lapse of time or action by a third party, would result in a default under any of the foregoing or result in the creation of any lien, charge or encumbrance upon the Western Company Common Stock or any of the Bank's capital stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Community First Bankshares Inc)

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NO DEFAULT; CREATION OF LIENS. Neither the execution and delivery of this Agreement, nor the consummation of the Merger will (i) conflict with, result in the breach of, constitute a default under or accelerate the performance provided by the terms of (A) any judgment, order or decree of any court or other governmental agency to which Western Summit or the Bank may be subject, (B) any of the "Material Contracts," as hereinafter defined, or (C) the Articles of Incorporation Incorporation/Association or Bylaws of Western Summit or the Bank, or (ii) constitute an event that, with the lapse of time or action by a third party, would result in a default under any of the foregoing or result in the creation of any lien, charge or encumbrance upon the Western Summit Common Stock or any of the Bank's capital stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Community First Bankshares Inc)

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