Common use of Customer Relationships Clause in Contracts

Customer Relationships. (1) Each trust or wealth management customer of the Company, the Bank or any Subsidiary has been in all material respects originated and serviced (A) in conformity with the applicable policies of the Company, the Bank and the Subsidiaries, (B) in accordance with the terms of any applicable instrument or agreement governing the relationship with such customer, (C) in accordance with any instructions received from such customers, (D) consistent with each customer’s risk profile and (E) in compliance with all applicable laws and the Company’s, the Bank’s and the Subsidiaries’ constituent documents, including any policies and procedures adopted thereunder. Each instrument or agreement governing a relationship with a trust or wealth management customer of the Company, the Bank or any Subsidiary has been duly and validly executed and delivered by the Company, the Bank and each Subsidiary and, to the knowledge of the Company, the other contracting parties, each such instrument of agreement constitutes a valid and binding obligation of the parties thereto, except as such enforceability may be limited by bankruptcy, insolvency, moratorium and other similar laws affecting creditors’ rights generally and by general principles of equity, and the Company, the Bank and the Subsidiaries and the other parties thereto have duly performed in all material respects their obligations thereunder and the Company, the Bank and the Subsidiaries and such other person is in compliance with each of the terms thereof.

Appears in 5 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.)

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Customer Relationships. (1a) Each trust or wealth management customer of the Company, the Bank Company or any Subsidiary of its Subsidiaries has been in all material respects originated and serviced (Ai) in conformity with the applicable policies of the Company, the Bank Company and the its Subsidiaries, (Bii) in accordance with the terms of any applicable instrument or agreement Contract governing the relationship with such customer, (Ciii) in accordance with any instructions received from such customerscustomers and their authorized representatives and authorized signers, (Div) consistent with each customer’s risk profile and (Ev) in compliance with all applicable laws Laws and the Company’s, the Bank’s and the its Subsidiaries’ constituent documents, including any policies and procedures adopted thereunder. Each instrument or agreement Contract governing a relationship with a trust or wealth management customer of the Company, the Bank Company or any Subsidiary of its Subsidiaries has been duly and validly executed and delivered by the Company, the Bank Company and each Subsidiary and, to the knowledge Knowledge of the Company, the other contracting parties, each such instrument of agreement Contract constitutes a valid and binding obligation of the parties thereto, except as such enforceability may be limited by (A) the effect of bankruptcy, insolvency, fraudulent transfer, reorganization, receivership, conservatorship, arrangement, moratorium or other Laws affecting or relating to the rights of creditors generally or (B) the rules governing the availability of specific performance, injunctive relief or other equitable remedies and other similar laws affecting creditors’ rights generally and by general principles of equity, regardless whether considered in a proceeding in equity or at law, and the Company, the Bank Company and the its Subsidiaries and the other contracting parties thereto have duly performed in all material respects their obligations thereunder thereunder, and the Company and its Subsidiaries and, to the Knowledge of the Company, the Bank and the Subsidiaries and such other person is contracting parties are in compliance with each of the terms thereof.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (DNB Financial Corp /Pa/), Agreement and Plan of Merger (S&t Bancorp Inc), Agreement and Plan of Merger (Park Sterling Corp)

Customer Relationships. (1) Each trust or wealth management customer of the Company, the Bank or any Subsidiary has been in all material respects originated and serviced (A) in conformity with the applicable policies of the Company, the Bank and the Subsidiaries, (B) in accordance with the terms of any applicable instrument or agreement governing the relationship with such customer, (C) in accordance with any instructions received from such customers, (D) consistent with each customer’s risk profile and (E) in compliance with all applicable laws and the Company’s, the Bank’s and the Subsidiaries’ constituent documents, including any policies and procedures adopted thereunder. Each instrument or agreement governing a relationship with a trust or wealth management customer of the Company, the Bank or any Subsidiary has been duly and validly executed and delivered by the Company, the Bank and each Subsidiary and, to the knowledge of the Company, the other contracting parties, each such instrument of agreement constitutes a valid and binding obligation of the parties thereto, except as such enforceability may be limited by bankruptcy, insolvency, moratorium and other similar laws Laws affecting creditors’ rights generally and by general principles of equity, and the Company, the Bank and the Subsidiaries and the other parties thereto have duly performed in all material respects their obligations thereunder and the Company, the Bank and the Subsidiaries and such other person is in compliance with each of the terms thereof.

Appears in 2 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Green Bankshares, Inc.)

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Customer Relationships. (1) Each trust or wealth management customer of the Company, the Bank or any Subsidiary has been in all material respects originated and serviced (Ai) in conformity with the applicable policies of the Company, the Bank and the Subsidiaries, (Bii) in accordance with the terms of any applicable instrument or agreement governing the relationship with such customer, (Ciii) in accordance with any instructions received from such customers, (Div) consistent with each customer’s risk profile and (Ev) in compliance with all applicable laws and the Company’s, the Bank’s and the Subsidiaries’ constituent documents, including any policies and procedures adopted thereunder. Each instrument or agreement governing a relationship with a trust or wealth management customer of the Company, the Bank or any Subsidiary has been duly and validly executed and delivered by the Company, the Bank and each Subsidiary and, to the knowledge of the Company, the other contracting parties, each such instrument of agreement constitutes a valid and binding obligation of the parties thereto, except as such enforceability may be limited by bankruptcy, insolvency, moratorium and other similar laws affecting creditors’ rights generally and by general principles of equity, and the Company, the Bank and the Subsidiaries and the other parties thereto have duly performed in all material respects their obligations thereunder and the Company, the Bank and the Subsidiaries and such other person is in compliance with each of the terms thereof.

Appears in 1 contract

Samples: Investment Agreement (Pacific Capital Bancorp /Ca/)

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