Restructuring Efforts. If Company shall have failed to obtain the requisite vote or votes of its stockholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax treatment of the Merger, in a manner adverse to such party or its stockholders) and to resubmit the transaction to Company’s stockholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Countrywide Financial Corp), Agreement and Plan of Merger, Agreement and Plan of Merger
Restructuring Efforts. If Company shall have failed to obtain the requisite vote or votes of its stockholders shareholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders shareholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax treatment of the Merger, in a manner adverse to such party or its stockholdersshareholders) and to the Company shall resubmit the transaction to Company’s stockholders shareholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (Southern Community Financial Corp)
Restructuring Efforts. If the Company shall have failed to obtain the requisite vote or votes of its stockholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax treatment of the Merger, in a manner adverse to such party or its stockholders) and to the Company shall resubmit the transaction to the Company’s stockholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Park Sterling Corp), Agreement and Plan of Merger (Provident Community Bancshares, Inc.)
Restructuring Efforts. If Company shall have failed to obtain the requisite vote or votes of its stockholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax tax treatment of the Merger, in a manner adverse to such party or its stockholders) and to resubmit the transaction to Company’s 's stockholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bear Stearns Companies Inc)
Restructuring Efforts. If Company shall have failed to obtain the requisite vote or votes of its stockholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax tax treatment of the Merger, in a manner adverse to such party or its stockholders) and to resubmit the transaction to Company’s stockholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (J P Morgan Chase & Co)
Restructuring Efforts. If Company shall have failed to obtain the requisite vote or votes of its stockholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax tax treatment of the Merger, in a manner adverse to such party or its stockholders) and to resubmit the transaction to <PAGE> Company’s 's stockholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Restructuring Efforts. If Company shall have failed to obtain the requisite vote or votes of its stockholders for the consummation of the transactions contemplated by this Agreement at a duly held meeting of its stockholders or at any adjournment or postponement thereof, then, unless this Agreement shall have been terminated pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change the amount or kind of the Merger Consideration, or the Tax tax treatment of the Merger, in a manner adverse to such party or its stockholders) and to resubmit the transaction to 31 <PAGE> Company’s 's stockholders for approval, with the timing of such resubmission to be determined at the reasonable request of Parent.. 6.11
Appears in 1 contract
Samples: Agreement and Plan of Merger Agreement and Plan of Merger
