Common use of Interest Rate Risk Management Instruments Clause in Contracts

Interest Rate Risk Management Instruments. Except as would not be reasonably likely to have, either individually or in the aggregate, a Material Adverse Effect on CVBG, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CVBG, one of its Subsidiaries, or for the account of a customer of CVBG or one of its Subsidiaries, were entered into in the ordinary course of business and, to CVBG’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of CVBG or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect; (b) CVBG and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and (c) to CVBG’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Civitas Bankgroup Inc), Agreement and Plan of Merger (Greene County Bancshares Inc)

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Interest Rate Risk Management Instruments. Except as would not reasonably be reasonably likely expected to have, either individually or in the aggregate, a Material Adverse Effect on CVBGParent, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangementsarrangements (the “Parent Derivative Contracts”), whether entered into for the account of CVBG, one Parent or any of its Subsidiaries, or for the account of a customer of CVBG Parent or one any of its Subsidiaries, were entered into in the ordinary course of business and, to CVBGParent’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority Agency and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of CVBG Parent or one of its Subsidiaries enforceable in accordance with their the terms thereof (except as may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect; (b) CVBG . Parent and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder under the Parent Derivative Contracts to the extent that such obligations to perform have accrued; , and (c) to CVBGParent’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such the same by any other party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BNC Bancorp), Agreement and Plan of Merger (Pinnacle Financial Partners Inc)

Interest Rate Risk Management Instruments. Except as would not be reasonably likely to have, either individually or in the aggregate, a Material Adverse Effect on CVBGCAVB, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CVBGCAVB, one of its Subsidiaries, or for the account of a customer of CVBG CAVB or one of its Subsidiaries, were entered into in the ordinary course of business and, to CVBG’s CAVB's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of CVBG CAVB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect; (b) CVBG CAVB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and (c) to CVBG’s CAVB's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pinnacle Financial Partners Inc), Agreement and Plan of Merger (Cavalry Bancorp Inc)

Interest Rate Risk Management Instruments. Except as would not reasonably be reasonably likely expected to have, either individually or in the aggregate, a Material Adverse Effect on CVBGTarget, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangementsarrangements (the “Target Derivative Contracts”), whether entered into for the account of CVBG, one Target or any of its Subsidiaries, or for the account of a customer of CVBG Target or one any of its Subsidiaries, were entered into in the ordinary course of business and, to CVBGTarget’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority Agency and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of CVBG Target or one of its Subsidiaries enforceable in accordance with their the terms thereof (except as may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect; (b) CVBG . Target and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder under the Target Derivative Contracts to the extent that such obligations to perform have accrued; , and (c) to CVBGTarget’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such the same by any other party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pinnacle Financial Partners Inc), Agreement and Plan of Merger (BNC Bancorp)

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Interest Rate Risk Management Instruments. Except as would not be reasonably likely to have, either individually or in the aggregate, a Material Adverse Effect on CVBGPNFP, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CVBG, one of its Subsidiaries, PNFP or for the account of a customer of CVBG PNFP or one of its Subsidiaries, were entered into in the ordinary course of business and, to CVBG’s PNFP's knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of CVBG PNFP or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect; (b) CVBG PNFP and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and (c) to CVBG’s PNFP's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cavalry Bancorp Inc), Agreement and Plan of Merger (Pinnacle Financial Partners Inc)

Interest Rate Risk Management Instruments. Except as would not be reasonably likely to have, either individually or in the aggregate, a Material Adverse Effect on CVBGAcquiror, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of CVBG, one of its Subsidiaries, Acquiror or for the account of a customer of CVBG Acquiror or one of its Subsidiaries, were entered into in the ordinary course of business and, to CVBGAcquiror’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Authority and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of CVBG Acquiror or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect; (b) CVBG Acquiror and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued; and (c) to CVBGAcquiror’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pinnacle Financial Partners Inc)

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