Common use of Operating Losses Clause in Contracts

Operating Losses. BAB has furnished to GBB a list (the "BAB ---------------- Operating Losses List") setting forth any Operating Loss (as herein defined) which has occurred at BAB during the period after December 31, 1997 to the date of the Agreement. To the knowledge of BAB, no action has been taken or omitted to be taken by any employee of BAB that has resulted in the incurrence by BAB of an Operating Loss or that might reasonably be expected to result in the incurrence of any individual Operating Loss which, net of any insurance proceeds payable in respect thereof, would exceed $25,000 on an individual basis or in the aggregate. For purposes of this section "Operating Loss" means any loss resulting from cash shortages, lost or misposted items, disputed clerical and accounting errors, forged checks, payment of checks over stop payment orders, counterfeit money, wire transfers made in error, theft, robberies, defalcations, check kiting, fraudulent use of credit cards or ATMs, civil money penalties, fines, litigation, claims or other similar acts or occurrences.

Appears in 2 contracts

Samples: Merger Agreement (Greater Bay Bancorp), Merger Agreement (Bay Area Bancshares)

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Operating Losses. BAB ONB has furnished to GBB CVB a list (the "BAB ---------------- ONB Operating Losses List") setting forth any Operating Loss (as herein defined) which has occurred at BAB ONB during the period after December 31, 1997 1998 to the date of the Agreement. To the knowledge of BAB, no No action has been taken or omitted to be taken by any employee of BAB ONB that has resulted in the incurrence by BAB ONB of an Operating Loss or that might reasonably be expected to result in the incurrence of any individual Operating Loss which, net of any insurance proceeds payable in respect thereof, would exceed $25,000 on an individual basis or in the aggregate. For purposes of this section "Operating Loss" means any loss resulting from cash shortages, lost or misposted items, disputed clerical and accounting errors, forged checks, payment of checks over stop payment orders, counterfeit money, wire transfers made in error, theft, robberies, defalcations, check kiting, fraudulent use of credit cards or ATMs, civil money penalties, fines, litigation, claims litigation or other similar acts or occurrencesclaims.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (CVB Financial Corp)

Operating Losses. BAB Coast has furnished to GBB a list (the "BAB ---------------- Coast Operating Losses List") setting forth any Operating Loss (as herein defined) which has occurred at BAB Coast during the period after December 31, 1997 1998 to the date of the Agreement. To the knowledge best of BABCoast's knowledge, no action has been taken or omitted to be taken by any employee of BAB Coast that has resulted in the incurrence by BAB Coast of an Operating Loss or that might reasonably be expected to result in the incurrence of any individual Operating Loss which, net of any insurance proceeds payable in respect thereof, would exceed $25,000 50,000 on an individual basis or in the aggregate. For purposes of this section "Operating Loss" means any loss resulting from cash shortages, lost or misposted items, disputed clerical and accounting errors, forged checks, payment of checks over stop payment orders, counterfeit money, wire transfers made in error, theft, robberies, defalcations, check kiting, fraudulent use of credit cards or ATMs, civil money penalties, fines, litigation, claims or other similar acts or occurrences.

Appears in 1 contract

Samples: Merger Agreement (Coast Bancorp)

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Operating Losses. BAB Coast has furnished to GBB a list (the "BAB Coast ---------------- Operating Losses List") setting forth any Operating Loss (as herein defined) which has occurred at BAB Coast during the period after December 31, 1997 1998 to the date of the Agreement. To the knowledge best of BABCoast's knowledge, no action has been taken or omitted to be taken by any employee of BAB Coast that has resulted in the incurrence by BAB Coast of an Operating Loss or that might reasonably be expected to result in the incurrence of any individual Operating Loss which, net of any insurance proceeds payable in respect thereof, would exceed $25,000 50,000 on an individual basis or in the aggregate. For purposes of this section "Operating Loss" means any loss resulting from cash shortages, lost or misposted items, disputed clerical and accounting errors, forged checks, payment of checks over stop payment orders, counterfeit money, wire transfers made in error, theft, robberies, defalcations, check kiting, fraudulent use of credit cards or ATMs, civil money penalties, fines, litigation, claims or other similar acts or occurrences.

Appears in 1 contract

Samples: Merger Agreement (Greater Bay Bancorp)

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