Operation of Branches. Seller shall continue to operate and maintain the Branches in a manner consistent with its customary practices and in a condition substantially the same as exists on the date hereof (ordinary wear and tear and casualty excepted).
Operation of Branches. 17 8.10 Service and Maintenance Contracts...........................17 8.11 Signs.......................................................18 8.12 Material Changes............................................18 8.13 Confidentiality.............................................18 8.14 Repurchase of Certain Account Loans and Deposits............18 ARTICLE IX ........................................................19
Operation of Branches. Not later than the Closing Date, Purchaser: (a) shall change the legal name of the Branches to a name that does not include the word Key, and (b) except for any documents or materials in possession of the customers of the Branches (including, but not limited to, deposit tickets and checks), shall not use and shall cause the Branches to cease using (i) any signage, stationery, advertising, documents, or printed or written materials that refer to such Branches by any name that includes the word Key and (ii) any logo, trademark or service mark xx trade name registered in the name of, or otherwise owned by Seller or any of its affiliates, except as otherwise provided in this Agreement or permitted pursuant to any written agreement(s) between Purchaser and Seller or its affiliates.
Operation of Branches. Seller will continue to operate the Branches in a manner that is compliant with Applicable Law in all material respects and substantially equivalent to that manner and system of operation employed immediately prior to the date of this Agreement. Seller will use all reasonable efforts to preserve intact its business relationships with depositors, customers and others having business relationships with the Branches, it being understood and agreed that Seller will be permitted to pursue all collection procedures in connection with loans and that Seller may decrease or suspend its marketing efforts in soliciting new loans or deposits for the Branches after the date hereof. Seller may also make changes to its operations of the Branches to the extent such changes are made at all other branches operated by Seller. In addition to the foregoing, Seller will not:
Operation of Branches. From and after the date of this Agreement until the Closing Date, Seller shall operate and manage the Branches in the normal and ordinary course and in accordance in all material respects with all applicable federal, state and local laws, ordinances and requirements and private covenants, conditions, restrictions and other agreements, and maintain the Branches in good order, condition and repair in all material respects. Seller shall punctually pay and perform all of its obligations under the Branch Leases and related service contracts, and pay before delinquency all taxes, assessments, utility charges and other expenses affecting the Branches except to the extent contested in good faith by appropriate proceedings. After the Signature Date, Seller shall use commercially reasonable efforts to retain at the Branches the Deposits which are domiciled at the Branches as of the date of this Agreement; provided, that Seller shall not pay above-market rates on the Deposits to do so. Without limiting the generality of the foregoing, Seller shall not change its pricing policies with respect to the deposits at the Branches, nor shall Seller change the terms of deposits offered at the Branches or introduce new deposit products at the Branches, except, in each case, where such changes in pricing policies or terms in deposits, or new deposit products, are made or introduced on a company-wide basis or in the ordinary course of Seller's business.
Operation of Branches. Pocahontas Bancorp will not close or relocate any Marked Tree Bank branch office ("Marked Tree Branch") in connection with the Bank Merger, and such offices will continue to be operated and will be operated under the trade name "Marked Tree Bank" for such period following the Closing Date as Pocahontas Bancorp deems advisable in its sole discretion to facilitate a smooth transition for Marked Tree Bank customers. Pocahontas Bancorp will offer the full range of banking services currently available at FCB full-service offices at the Marked Tree Branches. The provisions of this Section 5.14 shall be subject to the requirements of the Regulatory Authorities.
Operation of Branches. Seller shall continue to operate the Branches in a manner equivalent to that manner and system of operation employed immediately prior to the date of this Agreement and use all reasonable efforts to preserve its business relationships with depositors, customers and others having business relationships with it and whose accounts will be transferred to Purchaser. Seller shall conduct its advertising, including cost and manner of advertising, consistent with its past practices and policies. Seller will not knowingly permit any act or conduct by any employee of the Branches that would cause material harm or damage to the reputation of the Branches or a material reduction in the existing Deposit Liabilities of the Branches. Purchaser and Seller agree to meet via teleconference on a weekly basis to coordinate rates on the Deposit Liabilities consistent with the rates Purchaser pays on its deposit products to the extent that Seller and Purchaser have substantially similar deposit products. To the extent Seller has a deposit product that is not offered by Purchaser, Seller agrees to establish the rate determined by Purchaser in its reasonable discretion. Seller shall not be deemed to breach any of its covenants under this Agreement or this Section 2.1(a) as a result of such coordination of its rates.
Operation of Branches. Purchaser shall use its best efforts to operate each Branch and serve customers of each Branch from and after the Closing. Purchaser understands and acknowledges that, after the Closing Date, neither Seller nor any of its subsidiaries or affiliates shall be obligated to provide for any managerial, financial, business or other services to the Branches, including, without limitation, any personal, employee benefit, data processing, accounting, risk management, or other services or assistance that may have been provided to the Branches prior to the Closing Date, and Purchaser shall take such action as may in its judgment appear to be necessary or advisable to provide for the ongoing operation and management of, and the provision of services and assistance to, the Branches on and after the Closing Date. Not later than the Closing Date, Purchaser: (i) shall change the legal name of the Branches to a name that does not include the words "Ameriana"; and (ii) except for any documents or materials in possession of the customers of the Branches (including, but not limited to, deposit tickets and checks), shall not use and shall cause the Branches to cease using any signage, stationery, advertising, documents or printed or written materials that refer to such Branches by any name that includes the words "Ameriana" and any trademark or service mark registered in the name of, or otherwise owned by Sexxxx, Ameriana Bancorp or any subsidiary or affiliate of either of them.
Operation of Branches. Seller shall continue to operate the Branches in a manner substantially equivalent to that manner and system of operation employed immediately prior to the date of this Agreement and will not knowingly permit any act or conduct by any employee of the Branches that would cause material harm or damage to the reputation of the Branches and which harm or damage results in a change of 10% in the existing Deposit Liabilities or in the existing Loans. Seller will use all reasonable efforts to preserve intact its business relationships with depositors, customers and others having business relationships with it, it being understood and agreed that Seller shall be permitted to pursue all collection procedures in connection with such loans which may result in the payoff or prepayment of any such loan and that Seller may decrease or suspend its marketing efforts in soliciting new loans for the Branches after the date hereof. Seller may also make changes to its operations of the Branches to the extent such changes are made at all other branches operated by Seller, provided that such changes do not materially adversely affect the value of the Branches to Purchaser.
Operation of Branches. From and after the date of this Agreement until the Closing Date, subject to Section 8.4 of this Agreement, Seller shall operate and manage the Branches in the normal and ordinary course and in accordance in all material respects with all applicable federal, state and local laws, ordinances and requirements and private covenants, conditions, restrictions and other agreements, and maintain the Branches in good order, condition and repair in all material respects. Seller shall punctually pay and perform all of its obligations under the Branch Leases and related service contracts, and pay before delinquency all taxes, assessments, utility charges and other expenses affecting the Branches except to the extent contested in good faith by appropriate proceedings provided prior or subsequent notice is provided to Buyer. After the Signature Date, Seller shall use commercially reasonable efforts to retain at the Branches the Deposits which are domiciled at the Branches as of the date of this Agreement.
