Common use of The Bank Merger Clause in Contracts

The Bank Merger. Simultaneously with the Parties’ execution of this Agreement, Company Bank and Target Bank have executed and delivered an agreement and plan of merger dated the date hereof (the “Bank Merger Agreement”), which provides for the merger of Target Bank with and into Company Bank immediately following the Effective Time of the Merger in accordance with the terms and conditions of, and with the effects provided by, the Bank Merger Agreement and applicable provisions of the SCBCA, the South Carolina Banking Act, the TBCA, and the Tennessee Banking Act (the “Bank Merger”). Company Bank will be the banking corporation to survive the Bank Merger (Company Bank in such capacity as the surviving banking corporation of the Bank Merger is sometimes referred to herein as the “Surviving Bank”), and, at the effective time of the Bank Merger, the separate corporate existence of Target Bank will cease. Prior to or as soon as reasonably practicable following the approval of this Agreement by the shareholders of Target in accordance with the charter and bylaws of Target and applicable Law, Company shall approve the Bank Merger Agreement as the sole shareholder of Company Bank and Target shall approve the Bank Merger Agreement as the sole shareholder of Target Bank. Prior to or at the Closing, Company will cause Company Bank to execute and deliver and Target will cause Target Bank to execute and deliver such articles of merger and other documents and certificates as are necessary or appropriate under applicable Law to effect the Bank Merger (the “Bank Merger Certificates”).

The Bank Merger. Simultaneously with the Parties’ execution of this Agreement, Company Bank FCB and Target the Bank have executed and delivered an agreement and plan of merger dated the date hereof (the “Bank Merger Agreement”), which provides for the merger of Target the Bank with and into Company Bank FCB immediately following the Effective Time of the Second Step Merger in accordance with the terms and conditions of, and with the effects provided by, the Bank Merger Agreement and applicable provisions of the SCBCA, the South Carolina NC Banking Act, the TBCA, Laws and the Tennessee Banking Act NCBCA (the “Bank Merger”). Company Bank FCB will be the banking corporation to survive the Bank Merger (Company Bank FCB in such capacity as the surviving banking corporation of the Bank Merger is sometimes referred to herein as the “Surviving Bank”), and, and at the effective time of the Bank Merger, the separate corporate existence of Target the Bank will cease. Prior to or as soon as reasonably practicable following the approval of this Agreement and the Merger by the shareholders of Target the Company in accordance with the charter and bylaws of Target the Company and applicable Law, BancShares shall approve the Bank Merger Agreement as the sole shareholder of FCB and the Company shall approve the Bank Merger Agreement as the sole shareholder of Company Bank and Target shall approve the Bank Merger Agreement as the sole shareholder of Target Bank. Prior to or at the Closing, Company BancShares will cause Company Bank FCB to execute and deliver and Target the Company will cause Target the Bank to execute and deliver such articles of merger and other documents and certificates as are necessary or appropriate under applicable Law to effect effectuate the Bank Merger (the “Bank Merger Certificates”).

The Bank Merger. Simultaneously with the Parties’ execution of this Agreement, Company Reliant Bank and Target the Bank have executed and delivered an agreement and plan of merger dated the date hereof (the “Bank Merger Agreement”), which provides for the merger of Target the Bank with and into Company Reliant Bank immediately following the Effective Time of the Second Step Merger in accordance with the terms and conditions of, and with the effects provided by, the Bank Merger Agreement and applicable provisions of the SCBCA, the South Carolina Banking Act, the TBCA, Act and the Tennessee Banking Act TBCA (the “Bank Merger”). Company Reliant Bank will be the banking corporation to survive the Bank Merger (Company Bank in such capacity as the surviving banking corporation of the Bank Merger is sometimes referred to herein as the “Surviving Bank”)Merger, and, and at the effective time of the Bank Merger, the separate corporate existence of Target the Bank will cease. Prior to or as soon as reasonably practicable following the approval of this Agreement and the Merger by the shareholders of Target the Company in accordance with the charter and bylaws of Target the Company and applicable LawLaw and the approval of the Stock Issuance Proposal by the shareholders of Reliant, Reliant shall approve the Bank Merger Agreement as the sole shareholder of Reliant Bank and the Company shall approve the Bank Merger Agreement as the sole shareholder of Company Bank and Target shall approve the Bank Merger Agreement as the sole shareholder of Target Bank. Prior to or at the Closing, Company Reliant will cause Company Reliant Bank to execute and deliver and Target the Company will cause Target the Bank to execute and deliver such articles of merger and other documents and certificates as are necessary or appropriate under applicable Law to effect effectuate the Bank Merger (the “Bank Merger Certificates”).