Common use of Risk Management Instruments Clause in Contracts

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascade, any of its Subsidiaries or for the account of a customer of Cascade or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to Cascade’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Cascade Bancorp), Agreement and Plan of Merger (Home Federal Bancorp, Inc.), Agreement and Plan of Merger (Cascade Bancorp)

AutoNDA by SimpleDocs

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascadethe Company, any of its Subsidiaries or for the account of a customer of Cascade the Company or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade the Company or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade The Company and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to Cascadethe Company’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sterling Bancorp), Agreement and Plan of Merger (New York Community Bancorp Inc), Agreement and Plan of Merger (Astoria Financial Corp)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeHRB, any of its Subsidiaries or for the account of a customer of Cascade HRB or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade HRB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the an Enforceability ExceptionsException), and are in full force and effect. Cascade HRB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeHRB’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Xenith Bankshares, Inc.), Agreement and Plan of Reorganization (Hampton Roads Bankshares Inc)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascadethe Company, any of its Subsidiaries or for the account of a customer of Cascade the Company or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with prudent business practices and applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade the Company or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade The Company and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to Cascadethe Company’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (EverBank Financial Corp), Agreement and Plan of Merger (People's United Financial, Inc.)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeOld National, any of its Subsidiaries or for the account of a customer of Cascade Old National or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade Old National or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade Old National and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeOld National’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Old National Bancorp /In/), Agreement and Plan of Merger (Anchor Bancorp Wisconsin Inc)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeMainSource, any of its Subsidiaries or for the account of a customer of Cascade MainSource or one of its Subsidiaries, were entered into in the ordinary course of business consistent with past practice and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade MainSource or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade MainSource and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeMainSource’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Voting Agreement (Mainsource Financial Group), Voting Agreement (First Financial Bancorp /Oh/)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascade, AMNB or any of its Subsidiaries or for the account of a customer of Cascade AMNB or one of its Subsidiaries, were entered into in the ordinary course of business Ordinary Course and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade AMNB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade AMNB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeAMNB’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Atlantic Union Bankshares Corp), Agreement and Plan of Merger (American National Bankshares Inc.)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeSusquehanna, any of its Subsidiaries or for the account of a customer of Cascade Susquehanna or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade Susquehanna or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade Susquehanna and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeSusquehanna’s knowledge, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bb&t Corp), Agreement and Plan of Merger (Susquehanna Bancshares Inc)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeAnchor, any of its Subsidiaries or for the account of a customer of Cascade Anchor or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade Anchor or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade Anchor and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeAnchor’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Old National Bancorp /In/), Agreement and Plan of Merger (Anchor Bancorp Wisconsin Inc)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeMainSource, any of its Subsidiaries or for the account of a customer of Cascade MainSource or one of its Subsidiaries, were entered into in the ordinary course of business consistent with past practice and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade MainSource or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade MainSource and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeMainSource’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.. TABLE OF CONTENTS

Appears in 1 contract

Samples: Agreement and Plan of Merger

AutoNDA by SimpleDocs

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascadethe Company, any of its Subsidiaries or for the account of a customer of Cascade the Company or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade the Company or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade The Company and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to Cascadethe Company’s knowledgeKnowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Interstate Bancsystem Inc)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascadethe Company, any of its Subsidiaries or for the account of a customer of Cascade the Company or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade the Company or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade The Company and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to Cascade’s the Company's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

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

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeProvident, any of its Subsidiaries or for the account of a customer of Cascade Provident or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade Provident or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade Provident and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeProvident’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Provident New York Bancorp)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of CascadeC&N, any of its Subsidiaries or for the account of a customer of Cascade C&N or one of its Subsidiaries, were entered into in the ordinary course Ordinary Course of business Business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade C&N or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Bankruptcy and Equity Exceptions), and are in full force and effect. Cascade C&N and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to CascadeC&N’s knowledge, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Citizens & Northern Corp)

Risk Management Instruments. All interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Cascadethe Company, any of its Subsidiaries or for the account of a customer of Cascade the Company or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of the applicable any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Cascade the Company or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions), and are in full force and effect. Cascade The Company and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to Cascadethe Company’s knowledgeKnowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.. 3.17

Appears in 1 contract

Samples: Version Agreement (Cascade Bancorp)

Time is Money Join Law Insider Premium to draft better contracts faster.