Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 26 contracts
Samples: Agreement and Plan of Share Exchange (First Security Group Inc/Tn), Agreement and Plan of Merger (Charter Financial Corp), Agreement and Plan of Merger (Dekalb Bankshares Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer and Merger Sub to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Charter Financial Corp), Agreement and Plan of Merger (Charter Financial Corp), Support Agreement (Amalgamated Financial Corp.)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller FLAG to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Flag Financial Corp), Agreement and Plan of Merger (Flag Financial Corp), Agreement and Plan of Merger (Flag Financial Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Company to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ndchealth Corp), Agreement and Plan of Merger (Netsmart Technologies Inc), Agreement and Plan of Merger (Indus International Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer and Buyer Bank to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (First Bancorp /Nc/), Agreement and Plan of Merger (First Bancorp /Nc/), Agreement and Plan of Merger and Reorganization (Select Bancorp, Inc.)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Purchaser to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Heritage Financial Group Inc), Agreement and Plan of Reorganization (Atlantic Southern Financial Group, Inc.), Agreement and Plan of Reorganization (Buckhead Community Bancorp Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller BancTrust to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Peoples Banctrust Co Inc), Agreement and Plan of Merger (Peoples Banctrust Co Inc), Agreement and Plan of Merger (Commercesouth Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Subject Company to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Merchants Bancshares Inc /Tx/), Agreement and Plan of Merger (Union Planters Corp), Agreement and Plan of Merger (Capital Bancorp/Fl)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Purchaser to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material Material respects.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Abc Bancorp), Agreement and Plan of Merger (Abc Bancorp), Agreement and Plan of Merger (First National Banc Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respectswith.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Authentidate Holding Corp), Agreement and Plan of Merger (Authentidate Holding Corp), Agreement and Plan of Merger (First American Corp /Tn/)
Performance of Agreements and Covenants. Each and all of the The agreements and covenants of Seller Buyer to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 3 contracts
Samples: Employment Agreement (Old Second Bancorp Inc), Employment Agreement (Old Second Bancorp Inc), Agreement and Plan of Merger and Reorganization (Carolina Trust BancShares, Inc.)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Company to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material Material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Onhealth Network Co), Agreement and Plan of Merger (Healtheon Webmd Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Flag to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material Material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Capital Bancorp, Inc.), Agreement and Plan of Merger (Flag Financial Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Buyer to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Community Bancshares Inc), Agreement and Plan of Merger (Yadkin Valley Financial Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Neighbors to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Security Bank Corp), Agreement and Plan of Reorganization (Neighbors Bancshares Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Company and the Owner to be performed and complied with by them pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time Closing Date shall have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Allion Healthcare Inc), Agreement and Plan of Merger (Allion Healthcare Inc)
Performance of Agreements and Covenants. Each and all of the --------------------------------------- agreements and covenants of Seller PURCHASER to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material Material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Golden Isles Financial Holdings Inc), Agreement and Plan of Merger (Abc Bancorp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of the Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects, except that the covenants in Section 6.2(w) shall duly performed and complied with in all respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yadkin Valley Financial Corp), Agreement and Plan of Merger (American Community Bancshares Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller CommerceSouth to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Commercesouth Inc), Agreement and Plan of Merger (Banctrust Financial Group Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Interim to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall will have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Norrell Corp), Agreement and Plan of Merger (Interim Services Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Purchaser and Merger Sub to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material Material respects.
Appears in 1 contract
Samples: Employment Agreement (Abc Bancorp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Company to be performed and complied with by the Company pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Stock Purchase Agreement (Premier Financial Bancorp Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer and Merger Sub to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bank First National Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.. (c)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graham Field Health Products Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bank First National Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Purchaser to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respectswith.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the --------------------------------------- agreements and covenants of Seller the Purchaser to be performed and or complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time Closing Date shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pediatric Services of America Inc)
Performance of Agreements and Covenants. Each and all of the ---------------------------------------- agreements and covenants of Seller Purchaser to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Capital to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Capital Savings Bancorp Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Buyer to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby at or prior to the Effective Time Closing shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of the Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time Closing Date shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Purchase Agreement (Convergys Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Purchaser to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time Closing Date shall have been duly performed and complied with in all material respectswith.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller First Commerce to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Security Bank Corp)
Performance of Agreements and Covenants. Each and all of the --------------------------------------- agreements and covenants of Seller Sellers to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby at or prior to the Effective Time Closing shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Enterprise to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material Material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Sellers (including the Shareholder Representative) to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby at or prior to the Effective Time Closing shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Subsidiary to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Performance of Agreements and Covenants. Each and all of the applicable agreements and covenants of Seller to be performed and complied with pursuant to this Agreement and the any other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respectsrespects by such Co-Investor.
Appears in 1 contract
Samples: Release and Contribution Agreement (CAESARS ENTERTAINMENT Corp)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller ACCESS to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Keryx Biopharmaceuticals Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer and Buyer Bank to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.. (c)
Appears in 1 contract
Samples: V8 Agreement and Plan of Merger (First Bancorp /Nc/)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller Buyer and Entegra Bank to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Entegra Financial Corp.)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller the Sellers to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time Closing Date shall have been duly performed and complied with in all material respects.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pediatric Services of America Inc)
Performance of Agreements and Covenants. Each and all of the agreements and covenants of Seller to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with by it in all material respects.
Appears in 1 contract
