Common use of Investment Securities Clause in Contracts

Investment Securities. (a) Each of Seller and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past practices to secure obligations of Seller or any of its Subsidiaries. Such securities are valued on the books of Seller in accordance with GAAP.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Charter Financial Corp), Agreement and Plan of Merger (Charter Financial Corp)

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Investment Securities. (a) Each of Seller the Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lienlien, claim, charge, option, encumbrance, mortgage, pledge or security interest or other restriction of any kind, except such defects in title or liens, claims, charges, options, encumbrances, mortgages, pledges or security interests or other restrictions of any kind that would not be material to the extent that such securities are pledged in the ordinary course of business consistent with past practices to secure obligations of Seller or any of Company and its SubsidiariesSubsidiaries taken as a whole. Such securities are valued on the books of Seller the Company and its Subsidiaries in accordance with GAAP.

Appears in 2 contracts

Samples: Underwriting Agreement (C1 Financial, Inc.), Underwriting Agreement (C1 Financial, Inc.)

Investment Securities. (a) Each of Seller the Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller the Company or any of its Subsidiaries. Such securities are valued on the books of Seller the Company in accordance with GAAP.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Quick & Reilly Group Inc /De/), Agreement and Plan of Merger (Bankers Trust Corp)

Investment Securities. (a) Each of Seller the Company and its Subsidiaries subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), ) free and clear of any Lienlien, except to the extent that such securities are pledged in the ordinary course claim, charge, option, encumbrance, mortgage, pledge or security interest or other restriction of business consistent with past practices to secure obligations of Seller or any of its Subsidiarieskind. Such securities are valued on the books of Seller the Company and its subsidiaries in accordance with GAAP.

Appears in 2 contracts

Samples: Underwriting Agreement (CenterState Banks, Inc.), Underwriting Agreement (CenterState Banks, Inc.)

Investment Securities. (a) Each of Seller Company and its Subsidiaries has good and marketable title to all investment securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity)it, free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past practices to secure obligations of Seller Company or any of its Subsidiaries. Such investment securities are valued on the books of Seller Company in accordance with GAAP.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Arcadia Financial LTD), Agreement and Plan of Merger (Arcadia Financial LTD)

Investment Securities. (a) Each of Seller Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity)it, free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller Company or any of its Subsidiaries. Such securities are valued on the books of Seller Company in accordance with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sersys Acquisition Corp)

Investment Securities. (a) Each of Seller the Company and its the Company Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), ) free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller the Company or any of its Subsidiaries. Such securities are valued on the books of Seller in accordance with GAAPCompany Subsidiary.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ameris Bancorp)

Investment Securities. (a) Each of Seller the Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lienmortgage, lien, pledge or encumbrance, except to the extent that such securities are pledged in the ordinary course of business consistent with past practices prudent banking practice to secure obligations of Seller the Company or any of its Subsidiaries. Such securities are valued on the books of Seller the Company in accordance with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Northbay Financial Corp)

Investment Securities. (a) Each of Seller and its Subsidiaries The Company has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lienlien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller or any of its Subsidiariesthe Company. Such securities are valued on the books of Seller the Company in accordance with GAAP.

Appears in 1 contract

Samples: Merger Agreement (Pinnacle Global Group Inc)

Investment Securities. (a) Each of Seller Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), ) free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller Company or any of its Subsidiaries and except for such defects in title or Liens that would not be material to Company and its Subsidiaries. Such securities are valued on the books of Seller in accordance with GAAP.

Appears in 1 contract

Samples: Stock Purchase Agreement (First Pactrust Bancorp Inc)

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Investment Securities. (a) Each of Seller Company and its Subsidiaries has good and marketable title to all investment securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity)it, free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller Company or any of its Subsidiaries. Such investment securities are valued on the books of Seller Company in accordance with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Emons Transportation Group Inc)

Investment Securities. (a) Each of Seller the Company and its Subsidiaries subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lienlien, except to the extent that such securities are pledged in the ordinary course claim, charge, option, encumbrance, mortgage, pledge or security interest or other restriction of business consistent with past practices to secure obligations of Seller or any of its Subsidiarieskind. Such securities are valued on the books of Seller the Company and its subsidiaries in accordance with GAAP.

Appears in 1 contract

Samples: Underwriting Agreement (Conifer Holdings, Inc.)

Investment Securities. (a) Each of Seller Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller Company or any of its Subsidiaries. Such securities are valued on the books of Seller Company in accordance with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chase Manhattan Corp /De/)

Investment Securities. (a) Each of Seller Company and its Subsidiaries has good --------------------- and marketable title to all investment securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity)it, free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past prudent business practices to secure obligations of Seller Company or any of its Subsidiaries. Such investment securities are valued on the books of Seller Company in accordance with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Genesee & Wyoming Inc)

Investment Securities. (a) Each of Seller Company and its Subsidiaries has good and marketable title to all securities held by it (except securities sold under repurchase agreements or held in any fiduciary or agency capacity), ) free and clear of any Lien, except to the extent that such securities are pledged in the ordinary course of business consistent with past practices to secure obligations of Seller Company or any of its Subsidiaries and except for such defects in title or Liens that would not be material to Company and its Subsidiaries. Such securities are valued on the books of Seller Company and its Subsidiaries in accordance with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Triumph Bancorp, Inc.)

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