Restructuring Efforts. If the Company shall have failed to obtain the Requisite Company Vote at the duly convened Company Meeting or any adjournment or postponement thereof, then, unless this Agreement has been terminated in accordance with its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Common Stock as provided for in this Agreement, in a manner adverse to such party or its stockholders or shareholders, as applicable) and/or resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant to this Section 6.17) to the Company’s shareholders for approval.
Appears in 3 contracts
Sources: Merger Agreement (Two River Bancorp), Merger Agreement (Oceanfirst Financial Corp), Merger Agreement (Oceanfirst Financial Corp)
Restructuring Efforts. If the Company Seller shall have failed to obtain the Requisite Company Vote requisite vote or votes of its shareholders for the consummation of the transactions contemplated by this Agreement at the a duly convened Company Meeting held meeting of its shareholders or at any adjournment or postponement thereof, then, unless this Agreement has shall have been terminated in accordance with pursuant to its terms, each of the parties Parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party no Party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Common Stock as provided for in this Agreement, Merger Consideration in a manner adverse to such party Party or its stockholders or shareholders, as applicable) and/or and to resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant transaction to this Section 6.17) to the CompanySeller’s shareholders for approval, with the timing of such resubmission to be determined at the request of Buyer.
Appears in 3 contracts
Sources: Merger Agreement (BNC Bancorp), Merger Agreement (BNC Bancorp), Merger Agreement (BNC Bancorp)
Restructuring Efforts. If the Company Target shall have failed to obtain the Requisite Company Vote requisite vote or votes of its shareholders for the consummation of the transactions contemplated by this Agreement at the a duly convened Company Meeting held meeting of its shareholders or at any adjournment or postponement thereof, then, unless this Agreement has shall have been terminated in accordance with pursuant to its terms, each of the parties Parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party Party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Common Stock as provided for in this Agreement, Merger Consideration in a manner adverse to such party Party or its stockholders or shareholders, as applicable) and/or and to resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant transaction to this Section 6.17) to the CompanyTarget’s shareholders for approval, with the timing of such resubmission to be determined at the request of Buyer.
Appears in 2 contracts
Sources: Merger Agreement (Community Capital Corp /Sc/), Merger Agreement (Park Sterling Corp)
Restructuring Efforts. If the Company First Charter shall have failed to obtain the Requisite Company Vote requisite vote or votes of its shareholders for the consummation of the transactions contemplated by this Agreement at the a duly convened Company Meeting held meeting of its shareholders or at any adjournment or postponement thereof, then, unless this Agreement has shall have been terminated in accordance with pursuant to its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Common Stock as provided for in this Agreement, Merger Consideration in a manner adverse to such party or its stockholders or shareholders, as applicable) and/or and to resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant transaction to this Section 6.17) to the CompanyFirst Charter’s shareholders for approval, with the timing of such resubmission to be determined at the request of Fifth Third.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (First Charter Corp /Nc/), Merger Agreement (First Charter Corp /Nc/)
Restructuring Efforts. If the Company Yadkin shall have failed to obtain the Requisite Company Vote requisite vote or votes of its shareholders for the consummation of the transactions contemplated by this Agreement at the a duly convened Company Meeting held meeting of its shareholders or at any adjournment or postponement thereof, then, unless this Agreement has shall have been terminated in accordance with pursuant to its terms, each of the parties Parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party no Party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Common Stock as provided for in this Agreement, Merger Consideration in a manner adverse to such party Party or its stockholders shareholders or shareholdersstockholders, as applicable) and/or and to resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant transaction to this Section 6.17) to the CompanyYadkin’s shareholders for approval, with the timing of such resubmission to be determined at the request of Vantage.
Appears in 2 contracts
Sources: Merger Agreement (Vantagesouth Bancshares, Inc.), Merger Agreement (YADKIN FINANCIAL Corp)
Restructuring Efforts. If the Company Seller shall have failed to obtain the Requisite Company Seller Vote at the duly convened Company Meeting or any adjournment or postponement thereof, then, unless this Agreement has been terminated in accordance with its terms, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Seller Common Stock as provided for in this Agreement, in a manner adverse to such party or its stockholders or shareholders, as applicableparty) and/or resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant to this Section 6.17) to the CompanySeller’s shareholders for approval.
Appears in 1 contract
Sources: Merger Agreement (PB Bancorp, Inc.)
Restructuring Efforts. If the Company Seller shall have failed to obtain the Requisite Company Vote requisite vote or votes of its shareholders for the consummation of the transactions contemplated by this Agreement at the a duly convened Company Meeting held meeting of its shareholders or at any adjournment or postponement thereof, then, unless this Agreement has shall have been terminated in accordance with pursuant to its terms, each of the parties Parties shall in good faith use its commercially reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party no Party shall have any obligation to alter or change any material terms, including the amount or kind of the consideration to be issued to holders of Company Common Stock as provided for in this Agreement, Merger Consideration in a manner adverse to such party Party or its stockholders or shareholders, as applicable) and/or and to resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant transaction to this Section 6.17) to the CompanySeller’s shareholders for approval, with the timing of such resubmission to be determined at the request of Buyer.
Appears in 1 contract
Sources: Merger Agreement (BNC Bancorp)
Restructuring Efforts. If the Company Seller shall have failed to obtain the Requisite Company Vote requisite vote or votes of its shareholders for the consummation of the transactions contemplated by this Agreement at the a duly convened Company Meeting held meeting of its shareholders or at any adjournment or postponement thereof, then, unless this Agreement has shall have been terminated in accordance with pursuant to its terms, each of the parties Parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transaction provided for herein (it being understood that neither party no Party shall have any obligation to alter or change any material terms, including the amount or kind of the merger consideration to be issued to holders provided in Section 1.4 of Company Common Stock as provided for in this Agreement, Agreement in a manner adverse to such party Party or its stockholders or shareholders, as applicable) and/or and to resubmit this Agreement or the transactions contemplated hereby (or as restructured pursuant transaction to this Section 6.17) to the CompanySeller’s shareholders for approval, with the timing of such resubmission to be determined at the request of Buyer.
Appears in 1 contract
Sources: Merger Agreement (BNC Bancorp)