ADDITIONAL BANK COMMON STOCK Sample Clauses

ADDITIONAL BANK COMMON STOCK. At any time (other than in connection with an acquisition by, or merger of, the Bank) shares of Bank Common Stock are to be issued by the Bank, the Shareholders shall be entitled to acquire additional shares of Bank Common Stock during the term of this Agreement, such acquisitions to be made in such amounts and on such dates (each, a "Drawdown Date") as shall be specified by the Board in notices delivered to the Shareholders, provided that (i) in connection with each such issuance of Bank Common Stock each Shareholder shall be permitted to acquire additional shares of the Bank Common Stock being issued in proportion to their respective Proportionate Shares, (ii) each Drawdown Date shall be at least 30 business days after delivery of the applicable notice of the issuance from the Board and (iii) no Shareholder shall be permitted to acquire additional shares of Bank Common Stock unless it commits thereto at least three business days prior to the Drawdown Date. All acquisitions pursuant to this Section 9.6 shall be made in cash in United States dollars by wire transfer to a bank account of the Bank specified to the Shareholders in the notice of the issuance from the Board. Notwithstanding the foregoing, if on any Drawdown Date (a) one Investor does not acquire its full Proportionate Share of additional shares of Bank Common Stock, the other Investor may acquire such additional shares and (b), subject to clause (a), the Investors do not acquire their full Proportionate Share of additional shares of Bank Common Stock, Zions may acquire such additional shares. The price of any additional Bank Common Stock issued pursuant to this Section 9.6 shall be determined by the Board pursuant to Section 409 of the California General Corporation Law after it obtains the advice of an Independent Investment Bank, which shall provide to the Board its written calculation of such price in accordance with customary criteria.
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Related to ADDITIONAL BANK COMMON STOCK

  • Additional Bank Accounts Borrower shall not, directly or indirectly, open, establish or maintain any deposit account, investment account or any other account with any bank or other financial institution, other than the Blocked Accounts and the accounts set forth in Schedule 8.8 hereto, except: (a) as to any new or additional Blocked Accounts and other such new or additional accounts which contain any Collateral or proceeds thereof, with the prior written consent of Lender and subject to such conditions thereto as Lender may establish and (b) as to any accounts used by Borrower to make payments of payroll, taxes or other obligations to third parties, after prior written notice to Lender.

  • Affected Financial Institutions No Loan Party is an Affected Financial Institution.

  • EEA Financial Institutions No Loan Party is an EEA Financial Institution.

  • Acknowledgement and Consent to Bail-In of EEAAffected Financial Institutions Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEAAffected Financial Institution arising under any Loan Document may be subject to the Write-Down and Conversion Powers of an EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by an EEAthe applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEAAffected Financial Institution; and (b) the effects of any Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEAAffected Financial Institution, its parent entity, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of any EEAthe applicable Resolution Authority.

  • Acknowledgment and Consent to Bail-In of Affected Financial Institutions Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (b) the effects of any Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such Affected Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of the applicable Resolution Authority.