Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 that all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, 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 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 7 contracts
Samples: Subordinated Note Purchase Agreement (Mercantile Bank Corp), Subordinated Note Purchase Agreement (Farmers National Banc Corp /Oh/), Subordinated Note Purchase Agreement (MVB Financial Corp)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 that all or any portion 5.3.6 of the Subordinated Notes ceases to be deemed to be Tier 2 Capitaloccurrence 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 so that 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 3 contracts
Samples: Subordinated Note Purchase Agreement (Eagle Financial Services Inc), Subordinated Note Purchase Agreement (Bancplus Corp), Subordinated Note Purchase Agreement (First Us Bancshares, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 that all or any portion 5.3.6 of the Subordinated Notes ceases to be deemed to be Tier 2 Capitaloccurrence of the event contemplated in such section, thereafter the Company and the Purchasers Noteholder (as defined in the Subordinated Note), if requested by the Company 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 so that 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 (LINKBANCORP, Inc.)
Tier 2 Capital. If the Company provides notice as contemplated in Section 5.3.5 that all or any portion 5.3(f) of the Subordinated Notes ceases to be deemed to be Tier 2 Capitaloccurrence 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 so that 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 (Pinnacle Bankshares Corp)
