Common use of Interest Rate Risk Management Instruments Clause in Contracts

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB or for the account of a customer of CCB or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCB's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and to CCB's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (CCB Financial Corp), Agreement and Plan of Merger (CCB Financial Corp), Agreement and Plan of Merger (National Commerce Bancorporation)

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Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB NCBC or for the account of a customer of CCB NCBC or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBNCBC's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB NCBC or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB NCBC and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBNCBC's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (CCB Financial Corp), Agreement and Plan of Merger (CCB Financial Corp), Agreement and Plan of Merger (National Commerce Bancorporation)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB FCN or for the account of a customer of CCB FCN or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBFCN's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB FCN or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB FCN and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBFCN's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (First Chicago NBD Corp), Agreement and Plan of Reorganization (Bank One Corp), Agreement and Plan of Reorganization (Banc One Corp /Oh/)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB Norwest or for the account of a customer of CCB Norwest or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBNorwest's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB Norwest or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB Norwest and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBNorwest's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wells Fargo & Co), Agreement and Plan of Merger (Norwest Corp)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB the Bank or for the account of a customer of CCB the Bank or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCB's the Bank’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority Agency and with counterparties believed to be financially responsible at the time time, and are legal, valid and binding obligations of CCB the Bank or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB effect and the Bank and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and to CCB's knowledge, . To the Bank’s knowledge there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Share Exchange (Community First Inc)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB NBD or for the account of a customer of CCB NBD or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBNBD's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB NBD or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB NBD and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBNBD's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.. 3.19

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Chicago NBD Corp)

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Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB CB or for the account of a customer of CCB CB or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBCB's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB CB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB CB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBCB's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pinnacle Financial Services Inc)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB IFC or for the account of a customer of CCB IFC or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBIFC's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB IFC or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB IFC and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBIFC's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Stock Option Agreement (Indiana Federal Corp)

Interest Rate Risk Management Instruments. All interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CCB MB or for the account of a customer of CCB MB or one of its Subsidiaries, were entered into in the ordinary course of business and, to CCBMB's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any applicable Regulatory Authority Agency and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of CCB MB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. CCB MB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and and, to CCBMB's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mb Financial Inc)

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