Related to Sky Merger Agreement

Bank Merger Agreement has the meaning set forth in Section 6.10.
Merger Agreement has the meaning set forth in the Recitals.
Share Exchange Agreement has the meaning specified in the Recitals.
Plan of Merger has the meaning set forth in Section 2.2.
Agreement and Plan of Merger has the meaning set forth in the first recital above.
Second Merger has the meaning set forth in the Recitals.
Merger Transactions means the Merger and the other transactions relating thereto or contemplated by the Merger Agreement.
Company Merger has the meaning set forth in the recitals hereto.
Agreement of Merger has the meaning set forth in Section 2.01(b).
First Merger shall have the meaning given in the Recitals hereto.
Company Acquisition Agreement has the meaning set forth in Section 5.04(a).
Specified Merger Agreement Representations means such of the representations and warranties made with respect to the Company and its Subsidiaries by the Company in the Merger Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders.
Transaction Agreement has the meaning set forth in the recitals.
Merger Transaction means any merger, acquisition or similar transaction involving a recapitalization as contemplated by Rule 10b-18(a)(13)(iv) under the Exchange Act.
Acquisition Agreement as defined in the recitals hereto.
Alternative Acquisition Agreement shall have the meaning set forth in Section 6.5(c).
Company Acquisition Transaction means any transaction or series of transactions involving:
Acquisition Transactions means the transactions contemplated by the Acquisition Agreement.
Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.
Formation Transactions means the transactions contemplated by this Agreement and the other Formation Transaction Documentation.
Reorganization Transactions shall have the meaning set forth in the recitals.
Pre-Acquisition Reorganization has the meaning set out in Section 6.8;
Effective Time of the Merger means the time as of which the Merger becomes effective, which shall occur on the Funding and Consummation Date.
Bank Merger has the meaning set forth in the recitals.
Certificate of Merger has the meaning set forth in Section 2.2.
Reorganization Transaction see clause (d) of the definition of “Change of Control.”

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