Common use of Restructure of Transactions Clause in Contracts

Restructure of Transactions. Buyer shall have the right to revise the structure of the Merger contemplated by this Agreement by merging Seller directly with and into Buyer, provided, that no such revision to the structure of the Merger (i) shall result in any changes in the amount or type of the consideration which the holders of shares of Seller Common Stock, Seller Warrants, or Seller Options are entitled to receive under this Agreement, (ii) would unreasonably impede or delay consummation of the Merger, or (iii) imposes any less favorable terms or conditions on Bank or Seller. Buyer may request such consent by giving written notice to Seller in the manner provided in Section 10.8, which notice shall be in the form of an amendment to this Agreement or in the form of a proposed amendment to this Agreement or in the form of an Amended and Restated Agreement and Plan of Merger, and the addition of such other exhibits hereto as are reasonably necessary or appropriate to effect such change.

Restructure of Transactions. Buyer shall have the right to revise request a revision to the structure of the Merger contemplated by this Agreement by merging Seller CBG directly with and into Buyera subsidiary of Buyer other than Entegra Bank, provided, that no such revision to the structure of the Merger shall (i) shall result in any changes in the amount or type of the consideration which the holders of shares of Seller CBG Common Stock, Seller Warrants, CBG Options or Seller Options CBG Warrants are entitled to receive under this Agreement, (ii) would unreasonably impede or delay consummation of the Merger, or (iii) imposes impose any less favorable terms or conditions on Bank or SellerCBG. Buyer may request such consent revision by giving written notice to Seller CBG in the manner provided in Section 10.8, which notice shall be in the form of an amendment to this Agreement or in the form of a proposed amendment to this Agreement or in the form of an Amended and Restated Agreement and Plan of MergerMerger and Reorganization, and the addition of such other exhibits hereto as are reasonably necessary or appropriate to effect such change. Buyer and CBG will take any reasonable actions necessary to implement such change.

Restructure of Transactions. Buyer shall have the right to revise the structure of the Merger contemplated by this Agreement by merging Seller directly with and into Buyer, provided, that no such revision to the structure of the Merger (i) shall result in any changes in the amount or type of the consideration which the holders of shares of Seller Common Stock, Seller Warrants, Stock or Seller Options are entitled to receive under this Agreement, (ii) would unreasonably impede or delay consummation of the Merger, or (iii) imposes any less favorable terms or conditions on Congaree State Bank or Seller. Buyer may request such consent by giving written notice to Seller in the manner provided in Section 10.8, which notice shall be in the form of an amendment to this Agreement or Agreement, in the form of a proposed amendment to this Agreement Agreement, or in the form of an Amended and Restated Agreement and Plan of Merger, and the addition of such other exhibits hereto as are reasonably necessary or appropriate to effect such change.

Restructure of Transactions. Buyer shall have the right to revise the structure of the Merger contemplated by this Agreement by merging Seller directly with and into Buyer, ; provided, that no such revision to the structure of the Merger (ia) shall result results in any changes in the amount or type of the consideration which the holders of shares of Seller Common Stock, Seller Warrants, or Seller Options Stock are entitled to receive under this Agreement, (iib) would unreasonably impede impedes or delay delays consummation of the Merger, or (iiic) imposes any less favorable terms or conditions on Seller or Seller Bank or with Seller’s consent. Buyer may request such consent by giving written notice to Seller in the manner provided in Section 10.810.7, which notice shall be in the form of an amendment to this Agreement or in the form of Agreement, a proposed amendment to this Agreement Agreement, or in the form of an Amended and Restated Agreement and Plan of Merger, and shall include the addition of such other exhibits hereto as are reasonably necessary or appropriate to effect such change.