Puts Prior to the Settlement Date. (i) During the period from Bank Closing 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 Bank Closing; 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.
Appears in 89 contracts
Samples: Purchase and Assumption Agreement (Midland States Bancorp, Inc.), Purchase and Assumption Agreement (Charter Financial Corp/Ga), Purchase and Assumption Agreement (Ameris Bancorp)
Puts Prior to the Settlement Date. (i) During the period from Bank Closing 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 or asset of an Acquired Subsidiary which the Assuming Bank can establish is evidenced by forged or stolen instruments as of Bank Closing; 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.
Appears in 5 contracts
Samples: Purchase and Assumption Agreement (BankUnited, Inc.), Purchase and Assumption Agreement (BankUnited, Inc.), Purchase and Assumption Agreement (BankUnited, Inc.)
Puts Prior to the Settlement Date. (i) During the period from Bank Closing 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 Bank Closing; 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.
Appears in 5 contracts
Samples: Purchase and Assumption Agreement (Bbva Compass Bancshares, Inc), Purchase and Assumption Agreement, Purchase and Assumption Agreement
Puts Prior to the Settlement Date. (i) During the period from Bank Closing 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 Bank Closing; 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.
Appears in 4 contracts
Samples: Purchase and Assumption Agreement (State Bank Financial Corp), Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp), Purchase and Assumption Agreement (First Financial Holdings Inc /De/)
Puts Prior to the Settlement Date. (i) During the period from Bank Closing 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 that was transferred to the Assuming Bank can establish is evidenced by forged or stolen instruments as of Bank Closing; providedpursuant to Section 3.1, thatand to take back any Liabilities Assumed pursuant to Section 2.1. Notwithstanding the foregoing, the Assuming Bank shall not have the right to require the Receiver to purchase any such Asset with respect to which Loan if (i) the Assuming Bank has taken any action referred to in Section 3.4(a)(ii) Obligor with respect to such Asset.Loan is an Acquired Subsidiary, or (ii) the Assuming Bank has:
Appears in 2 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement
Puts Prior to the Settlement Date. (i) During the period from Bank Closing 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 Bank Closing; provided. The Assuming Bank shall transfer all such Assets to the Receiver without recourse, thatand shall indemnify the Receiver against any and all claims of any Person claiming by, through or under 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 such Asset, as provided in Section 3.4(a)(ii) with respect to such Asset12.4.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (J P Morgan Chase & Co)