No Solicitation by Seller. For a period of 12 months after the Effective Time, Seller will not specifically target and solicit customers assigned to the Banking Facilities utilizing any customer or mailing list which consists primarily of such customers; provided, however, these restrictions shall not restrict general mass mailings, telemarketing calls, statement stuffers and other similar communications directed to all the current customers of Seller or Seller's affiliates, or to the public or newspaper, radio or television advertisements of a general nature or otherwise prevent Seller from taking such actions as may be required to comply with any applicable federal or state laws, rules or regulations. In addition, these restrictions shall not restrict (a) the solicitation of (i) customers whose accounts are normally established or maintained in offices other than the Banking Facilities, (ii) any credit or debit card customer of Seller with regard to such card products, or (iii) any customer which has an agreement for merchant services with Seller or Seller's affiliates, including its venture partners (including Unified Merchant Services) for merchant services; (b) the ability of Seller to install, operate and serve customers' needs through automated teller machines at any location; or (c) the solicitation of customers whose accounts are excluded by either Purchaser or Seller from the transactions contemplated by this Agreement.
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Samples: Purchase and Assumption Agreement (Republic Bancshares Inc), Purchase and Assumption Agreement (Republic Bancshares Inc)
No Solicitation by Seller. For a period of 12 months after the Effective Time, Seller will not specifically target and solicit customers assigned to of the Banking Facilities Center utilizing any customer or mailing list which consists primarily of such customers; customers of the Banking Center, provided, however, these restrictions shall not restrict general mass mailings, telemarketing calls, statement stuffers and other similar communications directed to all the current customers of Seller or Seller's affiliates, or to the public or newspaper, radio or television advertisements of a general nature or otherwise prevent Seller from taking such actions as may be required to comply with any applicable federal or state laws, rules or regulations. In addition, these restrictions shall not restrict (a) the solicitation of (i) customers whose commercial accounts are normally established or and maintained in offices other than the Banking Facilities, Center or (ii) any credit or debit card customer of Seller with regard to such card products, or (iii) any customer which has an agreement for merchant services with Seller or Seller's affiliatesventure partner, including its venture partners (including Unified Merchant Services) , for merchant services; services or (b) the ability of Seller to install, operate and serve customers' customers needs through automated teller machines at any location; or (c. It is understood that holders of the Deposit accounts described in Sections 1.3(b) 3-7 hereof shall not be deemed customers of the solicitation Banking Center for the purposes of customers whose accounts are excluded by either Purchaser or Seller from the transactions contemplated by this AgreementSection 6.5.
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No Solicitation by Seller. For a period of 12 months after the Effective Time, neither Seller nor its affiliates nor its employees will not specifically target and solicit customers assigned to of the Banking Facilities Centers personally or utilizing any customer or mailing list which consists primarily of such customerscustomers of the Banking Centers; provided, however, these restrictions shall not restrict (i) general mass mailings, telemarketing calls, statement stuffers and other similar communications directed to all the then current customers of Seller or Seller's affiliates, or to the public (but not through the use of lists consisting solely of Banking Center customers) or newspaper, radio or television advertisements of a general nature nature, (ii) restrict Seller from soliciting any of the accounts listed in Exhibit 1.2
(a) (2) or responding to requests for bids from any customers in accordance with their usual and customary bidding procedures, or (iii) otherwise prevent Seller from taking such actions as may be required to comply with any applicable federal or state laws, rules or regulations. In addition, these restrictions shall not restrict (a) the solicitation of (i) customers whose commercial accounts are normally established or and maintained in offices other than the Banking Facilities, Centers or (ii) any credit or debit card customer of Seller with regard to such card products, or (iii) any customer which has an agreement with Seller for merchant services with Seller or Seller's affiliates, including its venture partners (including Unified Merchant Services) for merchant services; (b) the ability of Seller to install, operate and serve customers' customers needs through automated teller machines at any location; or (c) the solicitation of customers whose accounts are excluded by either Purchaser or Seller from the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Newsouth Bancorp Inc)
No Solicitation by Seller. For a period of 12 months after alter the Effective Time, Seller will not specifically target and solicit customers assigned to of the Banking Facilities Centers utilizing any customer or mailing list which consists primarily of such customerscustomers of the Banking Centers; provided, however, these restrictions shall not restrict general mass mailings, telemarketing calls, statement stuffers and other similar communications directed to all the current customers of Seller or Seller's affiliates, or to the public or newspaper, radio or television advertisements of a general nature or otherwise prevent Seller from taking such actions as may be required to comply with any applicable federal or state laws, rules or regulations. In addition, these restrictions shall not restrict (a) the solicitation of (i) customers whose accounts are normally established or maintained in offices other than the Banking FacilitiesCenters, (ii) any credit or debit card customer of Seller with regard to such card products, or (iii) any customer which has an agreement for merchant services with Seller or Seller's affiliates, including its their venture partners (including Unified Merchant Services) for merchant services); (b) the ability of Seller to install, operate and serve customers' needs through automated teller machines at any location; or (c) the solicitation of customers whose accounts are excluded by either Purchaser or Seller from the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Bancfirst Corp /Ok/)