Common use of Due Issuance Clause in Contracts

Due Issuance. All shares of Fifth Third Common Stock to be received by the shareholders of Franklin as a result of the Merger pursuant to the terms of this Agreement shall be, upon transfer or issuance, duly and validly issued, fully paid and non-assessable, and will not, upon such transfer or issuance, be subject to the preemptive rights of any shareholder of Fifth Third.

Appears in 3 contracts

Sources: Affiliation Agreement (Fifth Third Bancorp), Affiliation Agreement (Fifth Third Bancorp), Affiliation Agreement (Franklin Financial Corp /Tn/)