Common use of Uncollected Checks Returned to Seller Clause in Contracts

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities in respect of uncollected funds represented by any such Item, Purchaser’s obligations under this Section 8.18 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account Liabilities.

Appears in 2 contracts

Samples: Purchase Agreement (First Niagara Financial Group Inc), Purchase Agreement (Legacy Bancorp, Inc.)

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Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities Liability accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities Liability accounts for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date Date, which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities Liability accounts in respect of uncollected funds represented by any such Itemitem, Purchaser’s obligations under this Section 8.18 10.3 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account LiabilitiesLiability accounts.

Appears in 2 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement (Bar Harbor Bankshares)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, withdrawal drafts, or any other withdrawal orders (net of the applicable deposit premium Deposit Premium paid by Purchaser with respect to the Assumed Deposit Account Liabilities liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Assumed Deposit Account Liabilities accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Assumed Deposit Account Liabilities accounts for Items items cashed by Seller (net of the applicable deposit premium Deposit Premium paid by Purchaser with respect to the Assumed Deposit Account Liabilities liabilities represented by any such instrument), as of the close of business on the Closing Date which Items items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Assumed Deposit Account Liabilities accounts in respect of uncollected funds represented by any such Itemitem, Purchaser’s 's obligations under this Section 8.18 subsection (d) in respect of such Item item shall be limited to the amount of collected funds in such Assumed Deposit Account Liabilitiesaccounts.

Appears in 1 contract

Samples: Branch Purchase and Assumption Agreement (First Federal Financial Services Corp)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, withdrawal drafts, or any other withdrawal orders (net of the applicable deposit premium Deposit Premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities Liability accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities Liability accounts for Items items cashed by Seller (net of the applicable deposit premium Deposit Premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities Liability accounts in respect of uncollected funds represented by any such Itemitem, Purchaser’s 's obligations under this Section 8.18 subsection (d) in respect of such Item item shall be limited to the amount of collected funds in such Deposit Account LiabilitiesLiability accounts.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Arrow Financial Corp)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities Liability accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities Liability accounts for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities Liability accounts in respect of uncollected funds represented by any such Item, Purchaser’s 's obligations under this Section 8.18 12.3 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account LiabilitiesLiability accounts.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Enterprise Bancorp Inc /Ma/)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities Liability accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities Liability accounts for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities Liability accounts in respect of uncollected funds represented by any such Itemitem, Purchaser’s 's obligations under this Section 8.18 11.3 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account LiabilitiesLiability accounts.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (BCSB Bancorp Inc.)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities Liability accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities Liability accounts for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities Liability accounts in respect of uncollected funds represented by any such Itemitem, Purchaser’s 's obligations under this Section 8.18 11.3 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account LiabilitiesLiability accounts.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bar Harbor Bankshares)

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Uncollected Checks Returned to Seller. From and after the ------------------------------------- Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities Liability accounts which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities Liability accounts for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities Liability accounts in respect of uncollected funds represented by any such Itemitem, Purchaser’s 's obligations under this Section 8.18 11.3 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account LiabilitiesLiability accounts.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Greater Atlantic Financial Corp)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities in respect of uncollected funds represented by any such Item, Purchaser’s 's obligations under this Section 8.18 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account Liabilities.

Appears in 1 contract

Samples: Purchase Agreement (First Niagara Financial Group Inc)

Uncollected Checks Returned to Seller. From and after the Closing Date, Purchaser shall promptly pay to Seller an amount equivalent to the amount of any checks, negotiable orders of withdrawal, drafts, or any other withdrawal orders (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument) (“Items”) credited as of the close of business on the Closing Date to any Deposit Account Liabilities which are returned uncollected to Seller after the Closing Date and which shall include an amount equivalent to holds placed upon such Deposit Account Liabilities for Items cashed by Seller (net of the applicable deposit premium paid by Purchaser with respect to the Deposit Account Liabilities represented by any such instrument), as of the close of business on the Closing Date which Items are subsequently dishonored; provided, however, that if Seller shall have failed to make or properly reflect in the information provided to Purchaser any provisional credit or hold on any such Deposit Account Liabilities in respect of uncollected funds represented by any such Item, Purchaser’s obligations under this Section 8.18 8.16 in respect of such Item shall be limited to the amount of collected funds in such Deposit Account Liabilities.

Appears in 1 contract

Samples: Purchase Agreement (Great Lakes Bancorp, Inc.)

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