Common use of Interest Rate Risk Management Instruments Clause in Contracts

Interest Rate Risk Management Instruments. Except as would not reasonably be expected to have a Material Adverse Effect on such party, all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of such party or for the account of a customer of such party or one of its Subsidiaries, were entered into in the ordinary course of business and, to such party'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 such party 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. Except as would not reasonably be expected to have a Material Adverse Effect on such party, such party and each of its Subsidiaries have duly performed in all respects all of their obligations thereunder to the extent that such obligations to perform have accrued; and, to such party's knowledge, there are no breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Star Banc Corp /Oh/), Agreement and Plan (Firstar Corp /Wi/), Agreement and Plan of Reorganization (Firstar Corp /Wi/)

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Interest Rate Risk Management Instruments. Except as would not reasonably be expected to have a Material Adverse Effect on such party, all Any interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements, whether entered into for the account of such party Chase or one of its Subsidiaries or entered into by Chase or one of its Subsidiaries for the account of a customer of such party Chase or one of its Subsidiaries, were entered into in the ordinary course of business and, to such party's knowledge, and in accordance with prudent banking business practice and applicable rules, regulations and policies of any Regulatory Authority Governmental Entity and with counterparties reasonably believed by Chase to be financially responsible at the time time, and are legal, valid and binding obligations of such party Chase or one of its Subsidiaries and, to the best knowledge of Chase, of the other parties thereto, 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. Except , in each case except as would not reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect material adverse effect on such party, such party Chase. Chase and each of its Subsidiaries have duly performed in all respects all of their respective obligations thereunder to the extent that such obligations to perform have accrued; , except as would not reasonably be expected to have, individually or in the aggregate, a material adverse effect on Chase, and, to such party's knowledgethe best knowledge of Chase, there are no breaches, violations or defaults or allegations or assertions of such by any party thereunder, except as would not reasonably be expected to have, either individually or in the aggregate, a material adverse effect on Chase.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Chase Manhattan Corp /De/), Agreement and Plan of Merger (Morgan J P & Co Inc)

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