First Banks definition
Examples of First Banks in a sentence
Floating Rate Junior Subordinated Deferrable Interest Debenture of First Banks, Inc.
First Banks hereby waives notice of acceptance of this Agreement and of any obligation to which it applies or may apply, and First Banks hereby waives presentment, demand for payment, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.
The undersigned hereby instructs you as Custodian to deliver the Original Securities certificate to Wilmington Trust Company, as Institutional Trustee (the "Trustee") under the Amended and Restated Trust Agreement dated April 28, 2006 among the Trustee, First Banks, Inc.
Such stockholder will recognize gain or loss in an amount equal to the difference between the adjusted tax basis of such fractional shares and the cash received in lieu thereof, inasmuch as the First Banks America Certificate and the First Commercial Certificate indicate that the cash to be paid in lieu of fractional shares is not a bargained part of the Merger consideration, but a matter of convenience to avoid the expense of issuing fractional shares.
It is possible, however, although unlikely in view of the disparity in size of the corporations involved in the Merger, that continued actual or constructive ownership of First Banks America Common Stock by such a First Commercial stockholder could cause that stockholder's receipt of cash to be treated in whole or in part, as a realization of ordinary income equivalent to a dividend.
All guarantees and agreements contained in this Agreement shall bind the successors, assigns, receivers, trustees and representatives of First Banks and shall inure to the benefit of the Beneficiaries.
At the Effective Time, Mutual First agrees to cause four directors of ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇, to be elected to the Mutual First Board and Mutual First Bank's Board of Directors for such terms as shall be agreed upon between the parties, subject to compliance with applicable law.
Each former stockholder of First Commercial who receives cash in lieu of fractional share of First Banks America Common Stock will be treated as if the fractional shares were distributed as part of the Merger and were then redeemed.
Notwithstanding the foregoing, the Company shall have a claim against First Bank, and First Bank shall be liable to the Company, to the extent, but only to the extent, of any direct, as opposed to consequential, damages suffered by the Company which the Company proves were caused by First Bank's willful misconduct or gross negligence in determining whether documents presented under the Letter of Credit comply with the terms thereof.
Any notice permitted or required to be sent to an Issuer ------ under the Custodian Agreement shall be sent to the following address: First Bank Statutory Trust IX c/o First Banks, Inc.