Qualified Equity Offering. The Company and the Investor agree, for the avoidance of doubt, that none of the transactions contemplated by this Agreement (including, without limitation, the issuance of the Debentures) shall be deemed a Qualified Equity Offering under the Securities Purchase Agreement or the Warrant.
Appears in 4 contracts
Samples: Exchange Agreement (Superior Bancorp), Exchange Agreement (Popular Inc), Exchange Agreement (First Merchants Corp)
Qualified Equity Offering. The Company and the Investor agree, for the avoidance of doubt, that none of the transactions contemplated by this Agreement (including, without limitation, the issuance of the Debentures) shall be deemed a Qualified Equity Offering under the Securities Purchase Agreement or the Amended Warrant.
Appears in 2 contracts
Samples: Exchange Agreement (Midwest Banc Holdings Inc), Exchange Agreement (Independent Bank Corp /Mi/)