Common use of Solicitation of Accounts Clause in Contracts

Solicitation of Accounts. (1) Until the Closing Date and for an additional two (2) years following the Closing Date, Seller and its Affiliates will not target or solicit deposits, loans or other products and services from or to Persons who were depositors or borrowers at the Branches on the date hereof or as of the Closing Date, whether by personal contact, by telephone, by facsimile, by mail or other form of solicitation or communication, or in any other way except for general solicitations that are directed to the general public and not directed specially to Persons who were depositors or borrowers of the Branches on the date hereof or as of the Closing Date; provided, however, Seller and its Affiliates may solicit depositors and borrowers who as of the Closing Date have existing accounts or loans originating solely at branches or other offices of Seller and its Affiliates other than Branches, if such solicitations result from such depositors’ and borrowers’ customer relationships at such other branches or offices provided that such solicitations are consistent with solicitations of similarly situated customers of Seller and its Affiliates. (2) In making any of the foregoing permitted communications, following the Closing Date, Seller shall not reference any of the transactions contemplated by this Agreement that intentionally disparages Buyer or the business of Buyer. Following the Closing Date, Buyer shall not reference any of the transactions contemplated by this Agreement that intentionally disparages Seller, Seller Parent, or the business of Seller or Seller Parent. (3) This Section 15(c) shall survive the Closing for the period set forth above, and the obligations under this Section will survive and apply to any successor of Seller whether by merger, acquisition, stock purchase, asset purchase or similar business combination transaction.