Common use of Absence of Control Clause in Contracts

Absence of Control. It is the mutual intent of the Parties that (a) SmartFinancial shall not by reason of this Agreement be deemed to control, directly or indirectly, the Company or any its Subsidiaries or to exercise, directly or indirectly, a controlling influence over the management or policies of the Company or any of its Subsidiaries and (b) the Company shall not by reason of this Agreement be deemed to control, directly or indirectly, SmartFinancial or any its Subsidiaries or to exercise, directly or indirectly, a controlling influence over the management or policies of SmartFinancial or any its Subsidiaries.

Appears in 2 contracts

Samples: Voting Agreement (Entegra Financial Corp.), Voting Agreement (Smartfinancial Inc.)

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Absence of Control. It is the mutual intent of the Parties that (a) SmartFinancial shall not not, by reason of this Agreement Agreement, be deemed to control, directly or indirectly, Bancorp or the Company or any its Subsidiaries Bank or to exercise, directly or indirectly, a controlling influence over the management or policies of Bancorp or the Company or any of its Subsidiaries Bank and (b) neither Bancorp nor the Company shall not Bank shall, by reason of this Agreement Agreement, be deemed to control, directly or indirectly, SmartFinancial or any of its Subsidiaries Subsidiaries, or to exercise, directly or indirectly, a controlling influence over the management or policies of SmartFinancial or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smartfinancial Inc.)

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Absence of Control. It is the mutual intent of the Parties that (a) SmartFinancial shall not not, by reason of this Agreement Agreement, be deemed to control, directly or indirectly, Bancshares or the Company or any its Subsidiaries Bank or to exercise, directly or indirectly, a controlling influence over the management or policies of Bancshares or the Company or any of its Subsidiaries Bank and (b) neither Bancshares nor the Company shall not Bank shall, by reason of this Agreement Agreement, be deemed to control, directly or indirectly, SmartFinancial or any of its Subsidiaries Subsidiaries, or to exercise, directly or indirectly, a controlling influence over the management or policies of SmartFinancial or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smartfinancial Inc.)

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