Bank Merger Agreement has the meaning set forth in Section 6.10.
Merger Agreement has the meaning set forth in the Recitals.
Plan of Merger has the meaning set forth in Section 2.2.
Agreement and Plan of Merger has the meaning set forth in the first recital above.
Company Merger has the meaning set forth in the recitals hereto.
Share Exchange Agreement has the meaning specified in the Recitals.
Specified Merger Agreement Representations means such of the representations and warranties made with respect to the Company and its Subsidiaries by the Company in the Merger Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders.
Second Merger has the meaning set forth in the Recitals.
First Merger shall have the meaning given in the Recitals hereto.
Merger Transactions means the Merger and the other transactions relating thereto or contemplated by the Merger Agreement.
Merger Sub 2 shall have the meaning given in the Recitals hereto.
Agreement of Merger has the meaning set forth in Section 2.01(b).
Parent Agreement has the meaning given to it in Clause 12;
Transaction Agreement has the meaning set forth in the recitals.
Merger Sub 1 has the meaning set forth in the Preamble.
Alternative Acquisition Agreement shall have the meaning set forth in Section 6.5(c).
Company Acquisition Agreement has the meaning set forth in Section 5.04(a).
Merger Subsidiary has the meaning set forth in the preamble to this Agreement.
MergerSub has the meaning set forth in the Preamble.
Initial Merger Consideration has the meaning set forth in Section 2.2(a).
Merger Documents means, collectively, this Agreement, the Certificate of Merger, and all other agreements and documents entered into in connection with the Merger and the other transactions contemplated hereby.
Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.
Merger Closing means “Closing,” as that term is defined in the Merger Agreement.
Effective Time has the meaning set forth in Section 2.2.
Cash Merger has the meaning set forth in Section 5.04(b)(ii).
Merger Transaction means any merger, acquisition or similar transaction involving a recapitalization as contemplated by Rule 10b-18(a)(13)(iv) under the Exchange Act.