Common use of Tier 2 Capital Clause in Contracts

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company will immediately notify the Purchasers, and thereafter Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 7 contracts

Samples: Form of Subordinated Note Purchase Agreement (Blue Ridge Bankshares, Inc.), Subordinated Note Purchase Agreement (BCB Bancorp Inc), Subordinated Note Purchase Agreement (HomeTown Bankshares Corp)

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Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Stated Maturity Date of the Subordinated NotesNotes as provided in 12 C.F.R. Part 217.20(d)(iv), Company will immediately notify the Purchasers, and thereafter Company and the Purchasers will work together in good faith to execute and deliver deliver, subject to Section 8.3, all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 3 contracts

Samples: Subordinated Note Purchase Agreement (First Bancshares Inc /MS/), Subordinated Note Purchase Agreement (First Bancshares Inc /MS/), Subordinated Note Purchase Agreement (Franklin Financial Network Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be qualify as Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company will immediately notify the Purchasers, and thereafter Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital, if requested by Company.

Appears in 3 contracts

Samples: Form of Subordinated Note Purchase Agreement (Quaint Oak Bancorp Inc), Form of Subordinated Note Purchase Agreement (Village Bank & Trust Financial Corp.), Subordinated Note Purchase Agreement (BankGuam Holding Co)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date maturity date of the Subordinated Notes, the Company will immediately notify the Purchasers, and thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 3 contracts

Samples: Subordinated Note Purchase Agreement (Southern National Bancorp of Virginia Inc), Subordinated Note Purchase Agreement (Bank of Commerce Holdings), Subordinated Note Purchase Agreement (Tectonic Financial, Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be qualify as Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company will immediately notify the PurchasersHolders thereof, and thereafter Company and the Purchasers Holders will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital, if requested by Company.

Appears in 3 contracts

Samples: Subordinated Note Purchase Agreement (BankGuam Holding Co), Form of Subordinated Note Purchase Agreement (Quaint Oak Bancorp Inc), Form of Subordinated Note Purchase Agreement (Village Bank & Trust Financial Corp.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company Borrower will immediately notify the PurchasersLenders, and thereafter Company Borrower and the Purchasers Lenders will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 2 contracts

Samples: Form of Subordinated Note Purchase Agreement (Newbridge Bancorp), Form of Subordinated Note Purchase Agreement (Bay Banks of Virginia Inc)

Tier 2 Capital. If all or any portion of the Subordinated Notes Note ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated NotesNote, Company will immediately notify the PurchasersPurchaser, and thereafter Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes Note to qualify as Tier 2 Capital.

Appears in 2 contracts

Samples: Subordinated Note Purchase Agreement (First Guaranty Bancshares, Inc.), Subordinated Note Purchase Agreement (First Guaranty Bancshares, Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company Issuer will immediately notify the PurchasersNoteholder, and thereafter Company Issuer and the Purchasers Noteholder will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Two River Bancorp)

Tier 2 Capital. If all or any portion of the this Subordinated Notes Note ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the this Subordinated NotesNote, Company will immediately notify the Purchasers, Holders and thereafter Company and the Purchasers will work together Holder shall cooperate in good faith to take all such actions and shall execute and deliver all agreements as reasonably necessary necessary, in order to restructure the applicable portions of the obligations evidenced by the this Subordinated Notes Note to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Tectonic Financial, Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company will immediately notify the PurchasersPurchaser, and thereafter Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (WashingtonFirst Bankshares, Inc.)

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Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, upon notification by Company will immediately notify to the Purchasers, and thereafter Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Form of Subordinated Note Purchase Agreement (Blue Ridge Bankshares, Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company the Borrower will immediately notify the PurchasersPaying Agent and the Lenders, and thereafter Company the Borrower and the Purchasers Lenders will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Vantagesouth Bancshares, Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes Note ceases to be deemed to be qualify for inclusion as Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated NotesNote, Company will immediately notify the PurchasersPurchaser, and thereafter thereafter, the Company and the Purchasers Purchaser will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes Note to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Delmar Bancorp)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date maturity date of the Subordinated Notes, the Company will immediately will, promptly after obtaining Knowledge thereof, notify the Purchasers, and thereafter the Company and the Purchasers will work together in good faith to execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Xenith Bankshares, Inc.)

Tier 2 Capital. If all or any portion of the Subordinated Notes ceases to be deemed to be Tier 2 Capital, other than due to the limitation imposed on the capital treatment of subordinated debt during the five (5) years immediately preceding the Maturity Date of the Subordinated Notes, Company will immediately notify the PurchasersNoteholders, and thereafter Company and shall request, subject to the Purchasers will work together in good faith to terms hereof, that the Noteholders execute and deliver all agreements as reasonably necessary in order to restructure the applicable portions of the obligations evidenced by the Subordinated Notes to qualify as Tier 2 Capital.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Wellesley Bancorp, Inc.)

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