Common use of Duties as Fiduciary Clause in Contracts

Duties as Fiduciary. Company and each Company Subsidiary has performed all of its respective duties in any capacity as trustee, executor, administrator, registrar, guardian, custodian, escrow agent, receiver, or other fiduciary in a fashion that complies in all material respects with all applicable Laws, Contracts, xxxxx, instruments and common law standards. Neither Company nor any Company Subsidiary has received any notice of any Action, claim, allegation or complaint from any Person that Company or any Company Subsidiary failed to perform these duties in a manner that complies in all material respects with all applicable Laws, Contracts, xxxxx, instruments and common law standards, except for notices involving matters that have been resolved and any cost of such resolution is reflected in Company’s Financial Statements.

Appears in 3 contracts

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

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Duties as Fiduciary. Company and each Company Subsidiary has performed all of its respective duties in any capacity as trustee, executor, administrator, registrar, guardian, custodian, escrow agent, receiver, or other fiduciary in a fashion that complies in all material respects with all applicable Laws, Contracts, xxxxxwxxxx, instruments and common law standards. Neither Company nor any Company Subsidiary has received any notice of any Action, claim, allegation or complaint from any Person that Company or any Company Subsidiary failed to perform these duties in a manner that complies in all material respects with all applicable Laws, Contracts, xxxxxwxxxx, instruments and common law standards, except for notices involving matters that have been resolved and any cost of such resolution is reflected in Company’s the Company Financial Statements.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wintrust Financial Corp), Agreement and Plan of Merger (Chemical Financial Corp)

Duties as Fiduciary. To the Knowledge of Company, Company and each Company Subsidiary has performed all of its respective duties in any capacity as trustee, executor, administrator, registrar, guardian, custodian, escrow agent, receiver, or other fiduciary in a fashion that complies in all material respects with all applicable Laws, Contracts, xxxxxwxxxx, instruments and common law standards. Neither Company nor any Company Subsidiary has received any notice of any Action, claim, allegation or complaint from any Person that Company or any Company Subsidiary failed to perform these duties in a manner that complies in all material respects with all applicable Laws, Contracts, xxxxxwxxxx, instruments and common law standards, except for notices involving matters that have been resolved and any cost of such resolution is reflected in Company’s 's Financial Statements.

Appears in 1 contract

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

Duties as Fiduciary. Company and each Company Subsidiary has performed all of its respective duties in any capacity as trustee, executor, administrator, registrar, guardian, custodian, escrow agent, receiver, or other fiduciary in a fashion that complies in all material respects with all applicable Laws, Contracts, xxxxx, instruments and common law standards. Neither Company nor any Company Subsidiary has received any notice of any Action, claim, allegation or complaint from any Person that Company or any Company Subsidiary failed to perform these duties in a manner that complies in all material respects with all applicable Laws, Contracts, xxxxx, instruments and common law standards, except for notices involving matters that have been resolved and any cost of such resolution is reflected in Company’s 's Financial Statements.

Appears in 1 contract

Samples: Agreement and Plan of Merger (United Bancorp Inc /Mi/)

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Duties as Fiduciary. Company and each Company Subsidiary has performed all of its respective duties in any capacity as trustee, executor, administrator, registrar, guardian, custodian, escrow agent, receiver, or other fiduciary in a fashion that complies in all material respects with all applicable Laws, Contracts, xxxxx, instruments and common law standards. Neither Company nor any Company Subsidiary has received any notice of any Action, claim, allegation or complaint from any Person that Company or any Company Subsidiary failed to perform these duties in a manner that complies in all material respects with all applicable Laws, Contracts, xxxxx, instruments and common law standards, except for notices involving matters that have been resolved and any cost of such resolution is reflected in Company’s the Company Financial Statements.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Macatawa Bank Corp)

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