Common use of Plan of Reorganization Clause in Contracts

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Bank First Corp), Agreement and Plan of Merger (First Bancshares Inc /MS/), Agreement and Plan of Merger (Bank First Corp)

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Plan of Reorganization. It This Agreement is adopted as a “plan of reorganization” within the meaning of Sections 354 and 361 of the Code and the Treasury Regulations promulgated thereunder, pursuant to which, for such purposes, the Merger is intended that the Merger and the Bank Merger shall each to qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Camber Energy, Inc.), Agreement and Plan of Merger (Viking Energy Group, Inc.), Agreement and Plan of Merger (Camber Energy, Inc.)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Code, Code and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (CenterState Bank Corp), Agreement and Plan of Merger (National Commerce Corp), Agreement and Plan of Merger (Charter Financial Corp)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sunshine Bancorp, Inc.), Agreement and Plan of Merger (CenterState Banks, Inc.), Agreement and Plan of Merger (CenterState Banks, Inc.)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Southwest Georgia Financial Corp), Agreement and Plan of Merger (First Bancshares Inc /MS/), Agreement and Plan of Merger (First Bancshares Inc /MS/)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code. From and after the date of this Agreement and through the Closing, each party hereto shall use its reasonable best efforts to cause the Merger to qualify as a reorganization under Section 368(a) of the Code.

Appears in 3 contracts

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

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the CodeCode for each of the Merger and the Bank Merger.

Appears in 2 contracts

Samples: Voting Agreement (First Bancshares Inc /MS/), Agreement and Plan of Merger (Colony Bankcorp Inc)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code. From and after the date of this Agreement and until the Closing, each party hereto shall use its reasonable best efforts to cause the Merger to qualify as a reorganization under Section 368(a) of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Seacoast Banking Corp of Florida)

Plan of Reorganization. It The Merger is intended that the Merger and the Bank Merger shall each to qualify as a “reorganization” within the meaning of Section 368(a) of the CodeCode and this Agreement, insofar as it relates to the Merger, is intended to constitute, and that this Agreement shall constitute is hereby adopted as, a “plan of reorganization” as that term is used in for purposes of Sections 354 354, 361 and 361 368 of the CodeCode and the Treasury Regulations promulgated thereunder.

Appears in 2 contracts

Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.)

Plan of Reorganization. It The Merger is intended that to constitute a "plan of reorganization" under the Merger provisions of Sections 368(a)(1)(A) and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a368(a)(2)(E) of the Code, . From and that after the date of this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.until

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Teda Travel Inc), Agreement and Plan of Merger (Teda Travel Inc)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a) of the CodeCode and the Regulations promulgated thereunder, and it is intended that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 2 contracts

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

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” within the meaning of Section 368(a) of the Code368 Reorganization, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the CodeCode and Section 1.368-2(g) of the Regulations. From and after the date of this Agreement and until the Closing, each party hereto shall use Commercially Reasonable Efforts to cause the Merger to qualify as a 368 Reorganization, and each of Enterprise and First Choice shall obtain the opinions referred to in Section 6.01(e).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Enterprise Financial Services Corp), Agreement and Plan of Merger (First Choice Bancorp)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan ‘Plan of reorganizationReorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 1 contract

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

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Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code. The business purpose of the Merger and the Bank Merger is to combine two financial institutions to create a strong community-based commercial banking franchise.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank of the Ozarks Inc)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code. The business purpose of the Merger and the Bank Merger is to combine two financial institutions to create a strong community-based commercial banking franchise. From and after the date of this Agreement and until the Closing, each party hereto shall use its reasonable best efforts to cause the Merger to qualify as a reorganization under Section 368(a) of the Code.

Appears in 1 contract

Samples: Voting Agreement (Sunshine Bancorp, Inc.)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” reorganization within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code. From and after the date of this Agreement and until the Closing, each party hereto shall use commercially reasonable efforts to cause the Merger to qualify as a reorganization under Section 368(a) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Enterprise Financial Services Corp)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” within the meaning of Section 368(a) of the CodeCode (and any comparable provision of state law), and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Seacoast Banking Corp of Florida)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as constitute a “reorganization” within the meaning of Section 368(a) of the Code368 Reorganization, and that this Agreement shall constitute a "plan of reorganization" as that term is used in Sections 354 and 361 of the Code. From and after the date of this Agreement and until the Closing, each party hereto shall use Commercially Reasonable Efforts to cause the Merger to qualify as a 368 Reorganization.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Trinity Capital Corp)

Plan of Reorganization. It is intended by the parties hereto that the Merger and the Bank Merger Mergers, taken together, shall each qualify as constitute a “reorganization” within the meaning of Section 368(a) of the Code, and that . The Parties hereto adopt this Agreement shall constitute as a “plan of reorganization” as that term is used in within the meaning of Treasury Regulations Sections 354 1.368-2(g) and 361 of the Code1.368-3(a).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Northern Star Investment Corp. II)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a “plan of reorganization” as that term is used in Sections 354 and 361 within the meaning of Treasury Regulation Section 1.368-2(g) for each of the CodeMerger and the Bank Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Southern States Bancshares, Inc.)

Plan of Reorganization. It is intended that the Merger and the Bank Merger shall each qualify as a "reorganization" within the meaning of Section 368(a) of the Code, and that this Agreement shall constitute a "plan of reorganization" as that term is used in Sections 354 and 361 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sunshine Financial, Inc.)

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