Common use of Reservation of Right to Revise Structure Clause in Contracts

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Fargo’s election, the Merger may alternatively be structured so that (i) Company is merged with and into any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo, (ii) any direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo is merged with and into Company, or (iii) Company is merged with and into ▇▇▇▇▇ Fargo; provided, however, that no such change shall (A) alter or change the amount or kind of consideration to be issued to Company’s shareholders in the Merger or under such alternative structure (the “Merger Consideration”), (B) adversely affect the tax treatment of Company’s shareholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph 6(h), or (C) materially impede or delay consummation of the Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Fargo’s election, the Merger may alternatively be structured so that (i1) Company is merged with and into any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo, (ii2) any direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo is merged with and into Company, or (iii3) Company is merged with and into ▇▇▇▇▇ Fargo; provided, however, that no such change shall (A) alter or change the amount or kind of consideration to be issued to Company’s shareholders in the Merger or under such alternative structure (the “Merger Consideration”), (B) adversely affect the tax treatment of Company’s shareholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph Paragraph 6(h), or (C) materially impede or delay consummation of the Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Fargo’s 's election, the Merger may alternatively be structured so that (i1) Company is merged with and into any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo, (ii2) any direct or indirect wholly wholly-owned subsidiary of ▇▇▇▇▇ Fargo is merged with and into Company, or (iii3) Company is merged with and into ▇▇▇▇▇ Fargo; provided, however, that no such change shall (A) alter or change the amount or kind of consideration to be issued to Company’s shareholders 's stockholders in the Merger or under such alternative structure (the “"Merger Consideration”"), (B) adversely affect the tax treatment of Company’s shareholders 's stockholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph Paragraph 6(h), or (C) materially impede or delay consummation of the Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Fargo’s election, the Merger may alternatively be structured so that (i) Company is merged with and into any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo, (ii) any direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo is merged with and into Company, or (iii) Company is merged with and into ▇▇▇▇▇ Fargo; provided, however, that no such change shall (A) alter or change the amount or kind of consideration to be issued to Company’s shareholders in the Merger or under such alternative structure (the “Merger Consideration”), (B) adversely affect the tax treatment of Company’s shareholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph Paragraph 6(h), or (C) materially impede or delay consummation of the MergerMerger or the Spin-Off. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Fargo’s 's election, the Merger may alternatively be structured so that (i1) Company is merged with and into any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo, (ii2) any direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo is merged with and into Company, or (iii3) Company is merged with and into ▇▇▇▇▇ Fargo; provided, however, that no such change shall (A) alter or change the amount or kind of consideration to be issued to the Company’s shareholders 's stockholders in the Merger or under such alternative structure (the “"Merger Consideration”"), (B) adversely affect the tax treatment of Company’s shareholders 's stockholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph Paragraph 6(h), or (C) materially impede or delay consummation of the Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Wells Fargo’s 's election, the Merger may alternatively ▇▇▇ ▇lternatively be structured so that (i1) Company is merged with and into any other direct or indirect wholly wholly-owned subsidiary of ▇Wells Fargo, (2) any direct or indi▇▇▇▇ Fargo, (ii) any direct or indirect wholly wholly-owned subsidiary of ▇▇▇▇▇ Wells Fargo is merged with and into Company, or (iii) Company is merged with and into ▇▇▇▇▇ any, or (3) Company is merged with and into Wells Fargo; provided, however, that no tha▇ ▇▇ such change shall (A) alter or change the amount or kind of consideration to be issued to Company’s 's shareholders in the Merger or under such alternative structure (the “"Merger Consideration”"), (B) adversely affect the tax treatment of Company’s 's shareholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph Paragraph 6(h), or (C) materially impede or delay consummation of the Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Wells Fargo’s 's election, the Merger may alternatively ma▇ ▇▇▇ernatively be structured so that (i1) Company is merged with and into any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Wells Fargo, (ii2) any direct or indirect wholly indire▇▇ ▇▇olly-owned subsidiary of ▇▇▇▇▇ Wells Fargo is merged with and into CompanyC▇▇▇▇▇y, or (iii3) Company is merged with and into ▇▇▇▇▇ Wells Fargo; provided, however, that no such ▇▇ ▇▇ch change shall (A) alter or change the amount or kind of consideration to be issued to Company’s shareholders 's stockholders in the Merger or under such alternative structure (the “"Merger Consideration”"), (B) adversely affect the tax treatment of Company’s shareholders 's stockholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph Paragraph 6(h), or (C) materially impede or delay consummation of the Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.

Reservation of Right to Revise Structure. At ▇▇▇▇▇ Fargo’s 's election, the Merger (or the Bank Merger) may alternatively be structured so that (i1) Company is merged with and into (or Bank is merged with) any other direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo, (ii2) any direct or indirect wholly owned subsidiary of ▇▇▇▇▇ Fargo is merged with and into CompanyCompany (or merged with Bank), or (iii3) Company is merged with and into ▇▇▇▇▇ Fargo; provided, however, that no such change shall (A) alter or change the amount or kind of consideration to be issued to Company’s 's shareholders in the Merger (or to Bank's shareholders in the Bank Merger) or under such alternative structure (the “Merger "Consideration”"), (B) adversely affect the tax treatment of Company’s 's shareholders as a result of receiving the Merger Consideration or prevent the parties from obtaining the opinion referred to in paragraph 6(h), or (C) materially impede or delay consummation of the Merger or the Bank Merger. In the event of such election, the parties agree to execute an appropriate amendment to this Agreement in order to reflect such election.