Common use of Trust Business; Administration of Fiduciary Accounts Clause in Contracts

Trust Business; Administration of Fiduciary Accounts. Each of Seller and the Bank has properly administered all accounts for which it acts as a fiduciary, including accounts for which it serves as a trustee, agent, custodian, personal representative, guardian, conservator or investment advisor, in all material respects in accordance with the terms of the governing documents and applicable laws. Neither Seller nor the Bank, nor any of their respective directors, officers or employees, has committed any breach of trust with respect to any fiduciary account and the records for each such fiduciary account are true and correct and accurately reflect the assets of such fiduciary account.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (United Community Banks Inc), Agreement and Plan of Merger (HCSB Financial Corp), Agreement and Plan of Merger (United Community Banks Inc)

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Trust Business; Administration of Fiduciary Accounts. Each Company and each of Seller and the Bank its Subsidiaries has properly administered all accounts for which it acts as a fiduciary, including including, but not limited to, accounts for which it serves as a trustee, agent, custodian, personal representative, guardian, conservator or investment advisor, in all material respects in accordance with the terms of the governing documents and applicable lawsLaws and regulations. Neither Seller Company nor the Company Bank, nor to Company’s or Company Bank’s Knowledge, any of their respective directors, officers or employees, has committed any breach of trust with respect to any fiduciary account and the records for each such fiduciary account are true and correct and accurately reflect the assets of such fiduciary account.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bank of the Ozarks Inc), Agreement and Plan of Merger and Reorganization (Bank of the Carolinas CORP)

Trust Business; Administration of Fiduciary Accounts. Each Company and each of Seller and the Bank its Subsidiaries has properly administered all accounts for which it acts as a fiduciary, including including, but not limited to, accounts for which it serves as a trustee, agent, custodian, personal representative, guardian, conservator or investment advisor, in all material respects in accordance with the terms of the governing documents and applicable lawslaws and regulations. Neither Seller Company nor the Company Bank, nor to Company’s or Company Bank’s Knowledge, any of their respective directors, officers or employees, has committed any breach of trust with respect to any fiduciary account and the records for each such fiduciary account are true and correct and accurately reflect the assets of such fiduciary account.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank of the Ozarks Inc)

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Trust Business; Administration of Fiduciary Accounts. Each The Bank and each of Seller and the Bank its Subsidiaries has properly administered all accounts for which it acts as a fiduciary, including including, but not limited to, accounts for which it serves as a trustee, agent, custodian, personal representative, guardian, conservator or investment advisor, in all material respects in accordance with the terms of the governing documents and applicable lawslaws and regulations. Neither Seller nor the Bank, nor to Seller’s Knowledge, any of their respective the directors, officers or employeesemployees of the Bank, has committed any breach of trust with respect to any fiduciary account and the records for each such fiduciary account are true and correct and accurately reflect the assets of such fiduciary account.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bear State Financial, Inc.)

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