Common use of Solicitation of Accounts Clause in Contracts

Solicitation of Accounts. Prior to the Closing Date, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers through advertising specifically referencing or targeted to such Branch Customers nor transact their respective businesses in a way which would (a) specifically induce such Branch Customers to close Deposit Liability accounts and open accounts directly with Purchaser or any of its Affiliates or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from Seller. Notwithstanding the foregoing sentence Purchaser and its Affiliates shall be permitted to (w) engage in advertising, solicitations or marketing campaigns not primarily directed to or targeted at such Branch Customers, (x) engage in lending, deposit, safe deposit, trust or other financial services relationships with branch customers of Purchaser or its Affiliates who are also Branch Customers, (y) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial services, and (z) provide notices or communications relating to the transactions contemplated hereby in accordance with the provisions hereof.

Appears in 3 contracts

Samples: Purchase and Assumption Agreement (Webster Financial Corp), Purchase and Assumption Agreement (Eagle Financial Corp), Purchase and Assumption Agreement (Eagle Financial Corp)

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Solicitation of Accounts. Prior to the Closing Date, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers in the Florida marketplace through advertising specifically referencing or targeted to such Branch Customers nor or transact their respective businesses in such a way which would is reasonably likely to (a) specifically induce such Branch Customers to close Deposit Liability accounts and open deposit accounts directly with Purchaser or any of its Affiliates Affiliates, or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from any Seller. Notwithstanding the foregoing sentence sentence, Purchaser and its Affiliates shall be permitted to (wi) engage in advertising, solicitations solicitations, or marketing campaigns not primarily directed to or targeted at such Branch Customers, (xii) engage in lending, deposit, safe deposit, trust trust, or other financial services relationships existing as of the date hereof with such Customers through branch customers offices of Purchaser or its Affiliates who are also Branch CustomersPurchaser, (yiii) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial servicesservices offered by Purchaser, and (ziv) provide notices or communications relating to the transactions contemplated hereby in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (Cib Marine Bancshares Inc), Purchase and Assumption Agreement (1st United Bancorp, Inc.)

Solicitation of Accounts. Prior to the Closing Date, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers through advertising specifically referencing or targeted to such Branch Customers nor or otherwise transact their respective businesses in a any way which would in either case is reasonably likely to (a) specifically induce such Branch Customers to close Deposit Liability accounts and open deposit accounts directly with Purchaser or any of its Affiliates Affiliates, or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from Seller. Notwithstanding the foregoing sentence sentence, Purchaser and its Affiliates shall be permitted to (wi) engage in advertising, solicitations or marketing campaigns not primarily directed to or targeted at such Branch Customers, (xii) engage in lending, deposit, safe deposit, trust or other financial services relationships existing as of the date hereof with such Customers through branch customers offices of Purchaser or its Affiliates who are also Branch CustomersPurchaser, (yiii) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial services, services offered by Purchaser and (ziv) provide notices or communications relating to the transactions contemplated hereby in accordance with the provisions hereof.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Enterprise Bancorp Inc /Ma/)

Solicitation of Accounts. Prior to the Closing Date, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers through advertising specifically referencing or targeted to such Branch Customers nor transact their respective businesses in such a way which would is reasonably likely to (a) specifically induce such Branch Customers to close Deposit Liability accounts and open deposit accounts directly with Purchaser or any of its Affiliates Affiliates, or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from SellerFNB. Notwithstanding the foregoing sentence sentence, Purchaser and its Affiliates shall be permitted to (wi) engage in advertising, solicitations or marketing campaigns not primarily directed to or targeted at such Branch Customers, (xii) engage in lending, deposit, safe deposit, trust or other financial services relationships existing as of the date hereof with such Customers through branch customers offices of Purchaser or its Affiliates who are also Branch CustomersPurchaser, (yiii) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial services, services offered by Purchaser and (ziv) provide notices or communications relating to the transactions contemplated hereby in accordance with the provisions hereof. It is the intention of the parties that FNB shall be a third party beneficiary of the foregoing covenant.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Independent Bank Corp)

Solicitation of Accounts. Prior to the Closing DateClosing, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers through advertising specifically referencing or targeted to such Branch Customers nor transact their respective businesses in such a way which would is reasonably likely to (a) specifically induce such Branch Customers to close a Deposit Liability accounts Account with Seller and open accounts a deposit account directly with Purchaser or any of its Affiliates or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from Seller. Notwithstanding the foregoing sentence sentence, Purchaser and its Affiliates shall be permitted to (w) engage in advertising, solicitations or marketing campaigns in the ordinary course of business consistent with past practice and not primarily directed to or targeted at such Branch Customers, (x) engage in lending, deposit, safe deposit, trust or other financial services relationships existing as of the date of this Agreement with Customers through branch customers offices of Purchaser or its Affiliates who are also Branch CustomersPurchaser, (y) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial services, services offered by Purchaser and (z) provide notices or communications relating to the transactions contemplated hereby by this Agreement in accordance with the provisions hereofof this Agreement.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bar Harbor Bankshares)

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Solicitation of Accounts. Prior to the Closing Date, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers through advertising specifically referencing or targeted to such Branch Customers nor transact their respective businesses in such a way which would is reasonably likely to (a) specifically induce such Branch Customers to close Deposit Liability accounts and open deposit accounts directly with Purchaser or any of its Affiliates Affiliates, or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from SellerSellers. Notwithstanding the foregoing sentence sentence, Purchaser and its Affiliates shall be permitted to (wi) engage in advertising, solicitations or marketing campaigns not primarily directed to or targeted at such Branch Customers, (xii) engage in lending, deposit, safe deposit, trust or other financial services relationships existing as of the date hereof with such Customers through branch customers offices of Purchaser or its Affiliates who are also Branch CustomersPurchaser, (yiii) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial services, services offered by Purchaser and (ziv) provide notices or communications relating to the transactions contemplated hereby in accordance with the provisions hereof.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Independent Bank Corp)

Solicitation of Accounts. Prior to the Closing Date, neither Purchaser nor any of its Affiliates shall attempt directly to solicit Branch Customers through advertising specifically referencing or targeted to such Branch Customers nor transact their respective businesses in such a way which would is reasonably likely to (a) specifically induce such Branch Customers to close Deposit Liability accounts and open deposit accounts directly with Purchaser or any of its Affiliates Affiliates, or (b) otherwise result in the transfer of all or a portion of an existing Deposit Liability from Seller. Notwithstanding the foregoing sentence sentence, Purchaser and its Affiliates shall be permitted to (wi) engage in advertising, solicitations or marketing campaigns not primarily directed to or targeted at such Branch Customers, (xii) engage in lending, deposit, safe deposit, trust or other financial services relationships existing as of the date hereof with such Customers through branch customers offices of Purchaser or its Affiliates who are also Branch CustomersPurchaser, (yiii) respond to unsolicited inquiries by such Branch Customers with respect to banking or other financial services, services offered by Purchaser and (ziv) provide notices or communications relating to the transactions contemplated hereby in accordance with the provisions hereof.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bar Harbor Bankshares)

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