Common use of Investment Securities Clause in Contracts

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policy.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Orrstown Financial Services Inc), Agreement and Plan of Merger (Orrstown Financial Services Inc), Agreement and Plan of Merger (Coastway Bancorp, Inc.)

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Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount that is not in accordance with the Company’s investment policy permissible for a national bank or (ii) any other debt security other than in accordance the ordinary course of business consistent with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Merrill Merchants Bancshares Inc), Agreement and Plan of Merger (Danvers Bancorp, Inc.), Agreement and Plan of Merger (Union Bankshares Co/Me)

Investment Securities. (i) Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy Equity Investment or (ii) dispose of any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 4 contracts

Samples: Consulting Agreement (Farmers & Merchants Bancorp), Shareholder Agreement (Pacific Premier Bancorp Inc), Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc)

Investment Securities. Acquire Other than in the ordinary course of business and consistent with past practice, acquire (other than (i) by way of foreclosures or acquisitions in a bona fide fiduciary capacity or (ii) in satisfaction of debts previously contracted in good faith), in each case in the ordinary course sell or otherwise dispose of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyinvestment.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Lakeland Bancorp Inc), Agreement and Plan of Merger (Independent Bank Corp), Agreement and Plan of Merger (Independent Bank Corp)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security Equity Investment other than federal funds or United States Government securities or United States Government agency securities, in accordance each case with the Company’s investment policy, a term of one (1) year or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyless.

Appears in 4 contracts

Samples: Calnet Shareholder Agreement (Commercial Capital Bancorp Inc), Agreement and Plan of Merger (Commercial Capital Bancorp Inc), Agreement and Plan of Merger (Hawthorne Financial Corp)

Investment Securities. Acquire or otherwise invest in (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) any (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy Equity Investment, or (ii) any other debt security other than in accordance the ordinary course of business consistent with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 4 contracts

Samples: Agreement of Merger (Plumas Bancorp), Agreement and Plan of Reorganization and Merger (BayCom Corp), Agreement and Plan of Reorganization and Merger (First Foundation Inc.)

Investment Securities. (i) Acquire (other than by way of foreclosures foreclosure or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) any debt security, collateralized loan obligation or Equity Investment, in each case, other than in the ordinary course of business consistent with past practice, or (iii) dispose of any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security Equity Investment, other than in accordance the ordinary course of business consistent with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 3 contracts

Samples: Shareholder Agreement (Community Financial Corp /Md/), Shareholder Agreement (Shore Bancshares Inc), Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc)

Investment Securities. Acquire or otherwise invest in (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) any (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy Equity Investment, or (ii) any other debt security security, in each case other than in accordance the ordinary course of business consistent with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (BayCom Corp), Agreement and Plan of Merger (BayCom Corp), Agreement and Plan of Reorganization and Merger (BayCom Corp)

Investment Securities. Acquire Other than in the ordinary course of business and consistent with past practice, acquire (other than (i) by way of foreclosures or acquisitions in a bona fide fiduciary capacity or (ii) in satisfaction of debts previously contracted in good faith), in each case in the ordinary course sell or otherwise dispose of business consistent with past practice) (i) any debt security or equity investment of a type investment, unless such acquisition, sale or disposal is consented to in an amount not in accordance with the Company’s investment policy writing by Buyer acting through its Treasurer or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyhis designee(s).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Peoples Federal Bancshares, Inc.), Agreement and Plan of Merger (Independent Bank Corp)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance the ordinary course of business consistent with the Company’s investment policypast practice, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policymanner in which the portfolio is classified.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (DCB Financial Corp), Agreement and Plan of Merger (First Commonwealth Financial Corp /Pa/)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s 's investment policy or (ii) any other debt security other than in accordance with the Company’s 's investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s 's investment policy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bancorp Rhode Island Inc), Agreement and Plan of Merger (Brookline Bancorp Inc)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 2 contracts

Samples: Employment Agreement (Vineyard National Bancorp), Shareholder Agreement (Vineyard National Bancorp)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than federal funds or United States Government securities or United States Government agency securities, in accordance each case with the Company’s investment policy, a term of one (1) year or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyless.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (First Place Financial Corp /De/), Agreement and Plan of Merger (Franklin Bancorp Inc Mi)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment Equity Investment of a type or in an amount that is not in accordance with the Company’s investment policy permissible for a national bank or (ii) any other debt security other than in accordance the ordinary course of business consistent with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 2 contracts

Samples: Shareholder Agreement (Banknorth Group Inc/Me), Shareholder Agreement (Banknorth Group Inc/Me)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, federal funds or restructure United States Government securities or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyUnited States Government agency securities.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Camco Financial Corp), Agreement and Plan of Merger (First Place Financial Corp /De/)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment Equity Investment of a type or in an amount that is not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypermissible for a national bank.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bancorp Connecticut Inc), Shareholder Agreement (Banknorth Group Inc/Me)

Investment Securities. (i) Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment Equity Investment other than federal funds or United States Government securities or United States Government agency securities, in each case with a term of a type one year or in an amount not in accordance with the Company’s investment policy less or (ii) dispose of any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Community Bancshares Inc /Nv/)

Investment Securities. Acquire (other than by way of ----------------------- foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment Equity Investment of a type or in an amount that is not in accordance with the Company’s investment policy permissible for a national bank or (ii) any other debt security other than in accordance the ordinary course of business consistent with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 1 contract

Samples: Shareholder Agreement (American Financial Holdings Inc)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s its investment policy or (ii) any other debt security other than in accordance with the Company’s its investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s its investment policy.

Appears in 1 contract

Samples: Orrf Voting Agreement (Orrstown Financial Services Inc)

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Investment Securities. (i) Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy Equity Investment or (ii) dispose of any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policy.Equity Investment. (s)

Appears in 1 contract

Samples: Execution Copy Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policy.

Appears in 1 contract

Samples: Stock Purchase Agreement (First Bancshares Inc /MS/)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment Equity Investment, except in the ordinary course of a type or in an amount not in accordance business consistent with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (MortgageIT Holdings, Inc.)

Investment Securities. (i) Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment Equity Investment other than federal funds or United States Government securities or United States Government agency securities, in each case with a term of a type one (1) year or in an amount not in accordance with the Company’s investment policy less or (ii) dispose of any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (First Community Bancshares Inc /Nv/)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case case, in the ordinary course of business the Business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 1 contract

Samples: Stock Purchase Agreement (First Community Bancshares Inc /Nv/)

Investment Securities. Acquire (other than by way of foreclosures or --------------------- acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment that is not rated investment grade or better or which would be considered "high risk" securities under applicable regulatory pronouncements, in each case purchased in the ordinary course of a type or in an amount not in accordance business consistent with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 1 contract

Samples: Shareholder Agreement (Chester Valley Bancorp Inc)

Investment Securities. (i) Acquire (other than by way of foreclosures default or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) any debt security, collateralized loan obligation or Equity Investment that would result in the total combined securities portfolio from exceeding 10% of consolidated assets or (iii) dispose of any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Severn Bancorp Inc)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case case, in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 1 contract

Samples: Employment Agreement (First Community Bancshares Inc /Nv/)

Investment Securities. Acquire (i)Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy Equity Investment or (ii) except for sales of Designated Securities, dispose of any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policyEquity Investment.

Appears in 1 contract

Samples: Shareholder Agreement (Pacific Premier Bancorp Inc)

Investment Securities. Acquire (other than by way of foreclosures or acquisitions in a bona fide fiduciary capacity or in satisfaction of debts previously contracted in good faith, in each case in the ordinary course of business consistent with past practice) (i) any debt security or equity investment that is not rated investment grade or better or which would be considered “high risk” securities under applicable regulatory pronouncements, in each case purchased in the ordinary course of a type or in an amount not in accordance business consistent with the Company’s investment policy or (ii) any other debt security other than in accordance with the Company’s investment policy, or restructure or materially change its investment securities portfolio or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policypast practice.

Appears in 1 contract

Samples: Shareholder Agreement (Willow Grove Bancorp Inc/New)

Investment Securities. Acquire Other than in the ordinary course of business consistent with past practice, acquire (other than by way of (i) foreclosures or (ii) acquisitions of control in a bona fide fiduciary capacity or (iii) in satisfaction of debts previously contracted in good faith, in each case in the ordinary and usual course of business consistent with past practice) (i) any debt security or equity investment of a type or in an amount not in accordance with the Company’s investment policy or (ii) any other debt security Equity Investment other than in accordance with the Company’s investment policy, federal funds or restructure United States Government securities or materially change its investment securities portfolio United States Government agency or its interest rate risk position, through purchases, sales or otherwise, or in accordance with the Company’s investment policygovernment sponsored enterprise securities.

Appears in 1 contract

Samples: Stock Purchase Agreement (R&g Financial Corp)

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