Common use of Other Mergers and Acquisitions Clause in Contracts

Other Mergers and Acquisitions. Subject to the right of Premier to refuse to consummate this Agreement pursuant to Section 8.1(c)(i) herein by reason of a material breach by Xxxxxx of the warranty and representation set forth in Section 4.7 herein, nothing set forth in this Agreement shall be construed: (i) to preclude Xxxxxx from acquiring, or to limit in any way the right of Xxxxxx to acquire, prior to or following the Effective Time, the stock or assets of any other financial services institution or other corporation or entity, whether by issuance or exchange of Xxxxxx Common Stock or otherwise; (ii) to preclude Xxxxxx from issuing, or to limit in any way the right of Xxxxxx to issue, prior to or following the Effective Time, Xxxxxx Common Stock, Xxxxxx Preferred Stock or any other equity or debt securities; or (iii) to preclude Xxxxxx from taking, or to limit in any way the right of Xxxxxx to take, any other action not expressly and specifically prohibited by the terms of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Premier Bancorp Inc /Pa/), Agreement and Plan of Merger (Fulton Financial Corp)

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Other Mergers and Acquisitions. Subject to the right of Premier Columbia to refuse to consummate this Agreement pursuant to Section 8.1(c)(i) herein by reason of a material breach by Xxxxxx Fxxxxx of the warranty and representation set forth in Section 4.7 herein, nothing set forth in this Agreement shall be construed: (i) to preclude Xxxxxx Fxxxxx from acquiring, or to limit in any way the right of Xxxxxx Fxxxxx to acquire, prior to or following the Effective Time, the stock or assets of any other financial services institution or other corporation or entity, whether by issuance or exchange of Xxxxxx Fxxxxx Common Stock or otherwise; (ii) to preclude Xxxxxx Fxxxxx from issuing, or to limit in any way the right of Xxxxxx Fxxxxx to issue, prior to or following the Effective Time, Xxxxxx Fxxxxx Common Stock, Xxxxxx Fxxxxx Preferred Stock or any other equity or debt securities; or (iii) to preclude Xxxxxx Fxxxxx from taking, or to limit in any way the right of Xxxxxx Fxxxxx to take, any other action not expressly and specifically prohibited by the terms of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fulton Financial Corp)

Other Mergers and Acquisitions. Subject to the right of Premier Resource to refuse to consummate this Agreement pursuant to Section 8.1(c)(i) herein by reason of a material breach by Xxxxxx of the warranty and representation set forth in Section 4.7 herein, nothing set forth in this Agreement shall be construed: (i) to preclude Xxxxxx from acquiring, or to limit in any way the right of Xxxxxx to acquire, prior to or following the Effective Time, the stock or assets of any other financial services institution or other corporation or entity, whether by issuance or exchange of Xxxxxx Common Stock or otherwise; (ii) to preclude Xxxxxx from issuing, or to limit in any way the right of Xxxxxx to issue, prior to or following the Effective Time, Xxxxxx Common Stock, Xxxxxx Preferred Stock or any other equity or debt securities; or (iii) to preclude Xxxxxx from taking, or to limit in any way the right of Xxxxxx to take, any other action not expressly and specifically prohibited by the terms of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fulton Financial Corp)

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Other Mergers and Acquisitions. Subject to the right of Premier Columbia to refuse to consummate this Agreement pursuant to Section 8.1(c)(i) herein by reason of a material breach by Xxxxxx of the warranty and representation set forth in Section 4.7 herein, nothing set forth in this Agreement shall be construed: (i) to preclude Xxxxxx from acquiring, or to limit in any way the right of Xxxxxx to acquire, prior to or following the Effective Time, the stock or assets of any other financial services institution or other corporation or entity, whether by issuance or exchange of Xxxxxx Common Stock or otherwise; (ii) to preclude Xxxxxx from issuing, or to limit in any way the right of Xxxxxx to issue, prior to or following the Effective Time, Xxxxxx Common Stock, Xxxxxx Preferred Stock or any other equity or debt securities; or (iii) to preclude Xxxxxx from taking, or to limit in any way the right of Xxxxxx to take, any other action not expressly and specifically prohibited by the terms of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Columbia Bancorp)

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