Common use of No Regulatory Approval Clause in Contracts

No Regulatory Approval. By FNB or BCSB, if its Board of Directors so determines, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BCSB Bancorp Inc.), Agreement and Plan of Merger (FNB Corp/Fl/)

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No Regulatory Approval. By FNB DFSC or BCSBUNNF, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Bank Regulatory Authority or Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; , provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d10.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreementherein.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Union National Financial Corp / Pa), Agreement and Plan of Merger (Donegal Group Inc)

No Regulatory Approval. By FNB or BCSBCBI, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; , provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Comm Bancorp Inc), Agreement and Plan of Merger (FNB Corp/Fl/)

No Regulatory Approval. By FNB or BCSBANNB, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger (Annapolis Bancorp Inc)

No Regulatory Approval. By FNB or BCSBPVFC, if its Board of Directors so determines, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (PVF Capital Corp), Agreement and Plan of Merger (FNB Corp/Fl/)

No Regulatory Approval. By FNB or BCSBMBI, if its Board of Directors so determines, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger

No Regulatory Approval. By FNB or BCSBPFC, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; , provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (FNB Corp/Fl/)

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No Regulatory Approval. By FNB or BCSBIRGB, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Governmental Entity required for consummation of the Merger contemplated by this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; , provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreementherein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (FNB Corp/Fl/)

No Regulatory Approval. By FNB BVCC or BCSBGLB, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Governmental Entity Authority required for consummation of the Merger and the other transactions contemplated by this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity Authority or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; Authority, provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreementherein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Great Lakes Bancorp Inc)

No Regulatory Approval. By FNB or BCSBOBA, if its Board of Directors so determines, in the event the approval of any Governmental Entity required for consummation of the Merger this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (FNB Corp/Fl/)

No Regulatory Approval. By FNB or BCSBOmega, if its Board of Directors so determinesdetermines by a vote of a majority of the members of its entire Board, in the event the approval of any Governmental Entity required for consummation of the Merger contemplated by this Agreement contemplates shall have been denied by final nonappealable action of such Governmental Entity or an application therefor shall have been permanently withdrawn at the request of a Governmental Entity; , provided, however, that no party shall have the right to terminate this Agreement pursuant to this Section 8.1(d) if such denial shall be due to the failure of the party seeking to terminate this Agreement to perform or observe the covenants of such party set forth in this Agreementherein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (FNB Corp/Fl/)

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