Common use of Restructuring Efforts Clause in Contracts

Restructuring Efforts. If either Discover or Capital One shall have failed to obtain the Requisite Discover Vote or the Requisite Capital One Vote at the duly convened Discover Meeting or Capital One Meeting, as applicable, or any adjournment or postponement thereof, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transactions contemplated by this Agreement (it being understood that neither party shall have any obligation to alter or change any material terms, including the Exchange Ratio, the treatment of the Discover Preferred Stock or the amount or kind of the consideration to be issued to holders of the capital stock of Discover as provided for in this Agreement or any term that would adversely affect the tax treatment of the transactions contemplated hereby in a manner adverse to such party or its stockholders) and/or resubmit this Agreement and the transactions contemplated hereby (or as restructured pursuant to this Section 6.16) to its respective stockholders for adoption or approval.

Restructuring Efforts. If either Discover CBTX or Capital One Allegiance shall have failed to obtain the Requisite Discover CBTX Vote or the Requisite Capital One Allegiance Vote at the duly convened Discover CBTX Meeting or Capital One Allegiance Meeting, as applicable, or any adjournment or postponement thereof, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transactions contemplated by this Agreement provided for herein (it being understood that neither party shall have any obligation to alter or change any material terms, including the Exchange Ratio, the treatment of the Discover Preferred Stock Ratio or the amount or kind of the consideration to be issued to holders of the capital stock of Discover Allegiance as provided for in this Agreement Agreement, or any term that would adversely affect have a material adverse effect on the tax Tax treatment of the transactions contemplated hereby hereby, in a manner adverse to such party or its stockholdersshareholders) and/or resubmit this Agreement and the transactions contemplated hereby (or as restructured pursuant to this Section 6.166.15) to its respective stockholders shareholders for adoption or approval.

Restructuring Efforts. If either Discover CrossFirst or Capital One Busey shall have failed to obtain the Requisite Discover CrossFirst Vote or the Requisite Capital One Busey Vote at the duly convened Discover CrossFirst Meeting or Capital One Busey Meeting, as applicable, or any adjournment or postponement thereof, each of the parties shall in good faith use its reasonable best efforts to negotiate a restructuring of the transactions contemplated by this Agreement Agreement, including by merging CrossFirst into a newly created wholly owned subsidiary of Busey (it being understood that neither party shall have any obligation to alter or change any material terms, including the Exchange Ratio, the treatment of the Discover Preferred Stock Ratio or the amount or kind of the consideration to be issued to holders of the capital stock of Discover CrossFirst as provided for in this Agreement or any term that would adversely affect the tax treatment of the transactions contemplated hereby Agreement, in a manner adverse to such party or its stockholders) and/or resubmit this Agreement and and/or the transactions contemplated hereby (or as restructured pursuant to this Section 6.166.15) to its respective stockholders for adoption or approval.