Common use of Puts Prior to the Settlement Date Clause in Contracts

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, the Assuming Bank shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset, as provided in Section 12.4.

Appears in 217 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement

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Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank Institution shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Asset, as provided in Section 12.4.

Appears in 89 contracts

Samples: Purchase and Assumption Agreement (Talmer Bancorp, Inc.), Purchase and Assumption Agreement (Midland States Bancorp, Inc.), Purchase and Assumption Agreement (Enterprise Financial Services Corp)

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, provided that the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank Institution shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Asset, as provided in Section 12.4.

Appears in 49 contracts

Samples: Purchase and Assumption Agreement (HCBF Holding Company, Inc.), Purchase and Assumption Agreement (FCB Financial Holdings, Inc.), Purchase and Assumption Agreement (FCB Financial Holdings, Inc.)

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank can establish is evidenced by forged or stolen instruments as of the Bank Closing DateClosing; provided, that, the Assuming Bank shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset, as provided in Section 12.4.

Appears in 39 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing DateClosing; provided, that, the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank Institution shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Asset, as provided in Section 12.4.

Appears in 30 contracts

Samples: Purchase and Assumption Agreement (Southern Missouri Bancorp Inc), Purchase and Assumption Agreement, Purchase and Assumption Agreement Whole Bank

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank shall be entitled to Institution may require the Receiver to purchase any Acquired Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, provided that the Assuming Bank shall Institution may not have the right to require the Receiver to purchase any such Acquired Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii3.4(a)(iii) with respect to such Acquired Asset. The Assuming Bank Institution shall transfer all such Acquired Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Acquired Asset, as provided in Section 12.4.

Appears in 17 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, the Assuming Bank shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank has taken any action referred to in Section 3.4(a)(ii3 .4(a)(ii) with respect to such Asset. The Assuming Bank shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset, as provided in Section 12.4.

Appears in 6 contracts

Samples: Purchase and Assumption Agreement (North American Financial Holdings, Inc.), Purchase and Assumption Agreement (North American Financial Holdings, Inc.), Purchase and Assumption Agreement (North American Financial Holdings, Inc.)

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing DateClosing; provided, that, provided that the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank Institution shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Asset, as provided in Section 12.4.

Appears in 5 contracts

Samples: Purchase and Assumption Agreement (North American Financial Holdings, Inc.), Purchase and Assumption Agreement (North American Financial Holdings, Inc.), Purchase and Assumption Agreement (North American Financial Holdings, Inc.)

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Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing DateClosing; provided, provided that, the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank Institution shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Asset, as provided in Section 12.4.

Appears in 2 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, provided that the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank Institution shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset, as provided in Section 12.4.Receiver

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (Talmer Bancorp, Inc.), Purchase and Assumption Agreement (Ameris Bancorp)

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank Institution shall be entitled to require the Receiver to purchase any Acquired Asset which the Assuming Bank Institution can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, provided that the Assuming Bank Institution shall not have the right to require the Receiver to purchase any such Acquired Asset with respect to which the Assuming Bank Institution has taken any action referred to in Section 3.4(a)(ii) with respect to such Acquired Asset. The Assuming Bank Institution shall transfer all such Acquired Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank Institution with respect to any such Acquired Asset, as provided in Section 12.4.. (c)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (WashingtonFirst Bankshares, Inc.)

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, the Assuming Bank shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset, as provided in Section 12.4.. P & A 991022 13 Reliance Bank, White Plains, NY

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Usb Holding Co Inc)

Puts Prior to the Settlement Date. During the period from the Bank Closing Date to and including the Business Day immediately preceding the Settlement Date, the Assuming Bank shall be entitled to require the Receiver to purchase any Asset which the Assuming Bank can establish is evidenced by forged or stolen instruments as of the Bank Closing Date; provided, that, the Assuming Bank shall not have the right to require the Receiver to purchase any such Asset with respect to which the Assuming Bank has taken any action referred to in Section 3.4(a)(ii) with respect to such Asset. The Assuming Bank shall transfer all such Assets to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset, as provided in Section 12.4.. International Monetary Fund 197 Closing a Failed Bank: Resolution Practices and Procedures

Appears in 1 contract

Samples: Purchase and Assumption Agreement

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