Common use of Relationship to the Statement Clause in Contracts

Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that: (i) Section 2.10(d) of the Statement shall have no effect for so long as none of the AMTP Shares have been registered under the Securities Act; and (ii) any reference in the Statement to an "Additional Minnesota Amount Payment" and any payment obligation related thereto shall have no effect with respect to any AMTP Shares that are being registered and sold pursuant to an effective registration statement under the Securities Act or to any subsequent transfer of such registered AMTP Shares.

Appears in 1 contract

Samples: Exchange Agreement (Bank of America Corp /De/)

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Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that: that (i) Section 2.10(d) of the Statement shall have no effect for so long as none of the AMTP Shares have been registered under the Securities Act; and (ii) any reference in the Statement to an "β€œAdditional Minnesota Amount Payment" ” and any payment obligation related thereto shall have no effect with respect to any AMTP Shares that are being registered and sold pursuant to an effective registration statement under the Securities Act or to any subsequent transfer of such registered AMTP Shares.

Appears in 1 contract

Samples: Purchase Agreement (Bank of America Corp /De/)

Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that: (i) Section 2.10(d) of the Statement shall have no effect for so long as none of the AMTP Shares have been registered under the Securities Act; and (ii) any reference in the Statement to an "Additional Minnesota Maryland Amount Payment" and any payment obligation related thereto shall have no effect with respect to any AMTP Shares that are being registered and sold pursuant to an effective registration statement under the Securities Act or to any subsequent transfer of such registered AMTP Shares.

Appears in 1 contract

Samples: Exchange Agreement (Bank of America Corp /De/)

Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that: (i) Section 2.10(d) of the Statement shall have no effect for so long as none of the AMTP Shares have been registered under the Securities Act; and (ii) any reference in the Statement to an "Additional Minnesota North Carolina Amount Payment" and any payment obligation related thereto shall have no effect with respect to any AMTP Shares that are being registered and sold pursuant to an effective registration statement under the Securities Act or to any subsequent transfer of such registered AMTP Shares.

Appears in 1 contract

Samples: Exchange Agreement (Bank of America Corp /De/)

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Relationship to the Statement. The Fund and Banc of America agree that the representations, warranties, covenants and agreements contained in this Agreement are in addition to the terms and provisions set forth in the Statement. As between the Fund and Banc of America, the Fund and Banc of America agree that: (i) Section 2.10(d) of the Statement shall have no effect for so long as none of the AMTP Shares have been registered under the Securities Act; and (ii) any reference in the Statement to an "Additional Minnesota New York Amount Payment" and any payment obligation related thereto shall have no effect with respect to any AMTP Shares that are being registered and sold pursuant to an effective registration statement under the Securities Act or to any subsequent transfer of such registered AMTP Shares.

Appears in 1 contract

Samples: Exchange Agreement (Bank of America Corp /De/)

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