Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 19 contracts
Samples: Subordinated Note Purchase Agreement (Meridian Corp), Subordinated Note Purchase Agreement (Third Coast Bancshares, Inc.), Subordinated Note Purchase Agreement (Southern States Bancshares, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 18 contracts
Samples: Subordinated Note Purchase Agreement (Home Bancorp, Inc.), Subordinated Note Purchase Agreement (Northfield Bancorp, Inc.), Subordinated Note Purchase Agreement (Investar Holding Corp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to be eligible to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 6 contracts
Samples: Subordinated Note Purchase Agreement (Uwharrie Capital Corp), Subordinated Note Purchase Agreement (Uwharrie Capital Corp), Subordinated Note Purchase Agreement (Old Point Financial Corp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3(f) of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 4 contracts
Samples: Subordinated Note Purchase Agreement (Summit Financial Group Inc), Form of Subordinated Note Purchase Agreement (Spirit of Texas Bancshares, Inc.), Subordinated Note Purchase Agreement (Security Federal Corp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to be eligible to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (Central Valley Community Bancorp), Form of Subordinated Note Purchase Agreement (Bankwell Financial Group, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 7.5 of this Agreement of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (CB Financial Services, Inc.), Subordinated Note Purchase Agreement (Salisbury Bancorp Inc)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to so that the Subordinated Notes qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (Financial Institutions Inc), Subordinated Note Purchase Agreement (Financial Institutions Inc)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to be eligible to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (Coastal Financial Corp), Subordinated Note Purchase Agreement (Coastal Financial Corp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.4 of the occurrence of the event contemplated in such section, thereafter thereafter, upon the Company and Company’s request, the Purchasers will use commercially reasonable efforts to work together with the Company in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s 's right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated NotesIndenture.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (Eagle Bancorp Montana, Inc.), Subordinated Note Purchase Agreement (FS Bancorp, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Noteholder (as defined in the Subordinated Note) will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to be eligible to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (BankFinancial CORP)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will will, subject to the terms of the Indenture, work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Pathward Financial, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.1.5 of the occurrence of the event contemplated in such section, thereafter thereafter, if requested by the Company, the Purchasers shall work together with the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Guaranty Federal Bancshares Inc)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated NotesEvent.
Appears in 1 contract
Samples: Form of Subordinated Note Purchase Agreement (Veritex Holdings, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith for a reasonable period of time not to exceed one hundred twenty (120) days to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Eagle Bancorp Montana, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers each Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated NotesSpecial Event.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Origin Bancorp, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 (Tier 2 Capital) of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to be eligible to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Heritage Commerce Corp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 hereof of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in accordance with the Subordinated NotesNote.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Bancfirst Corp /Ok/)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Noteholder will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Ameriserv Financial Inc /Pa/)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3(f) of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Union Bankshares Inc)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 5.3.6 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers Holders will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated Notes.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (First Internet Bancorp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 of the occurrence of the event contemplated in such section, thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to be eligible to qualify as Tier 2 Capital; provided, however, that nothing contained in this Agreement shall limit the Company’s right to redeem the Subordinated Notes upon the occurrence of a Tier 2 Capital Event as described in the Subordinated NotesEvent.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (First Bancshares Inc /MS/)