WITHIN THE COMMONWEALTH OF PENNSYLVANIA
AND ALL PARTIES HERETO CONSENT TO THE JURISDICTION OF SAID COURTS.
THE PARTIES
HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDINGS ARISING OUT
OF OR RELATED TO THIS AGREEMENT.
8.4
SELLER WILL PROVIDE TO THE BUYER AN ADVANCE COPY OF ANY PROPOSED
ANNOUNCEMENT TO BE MADE BY SELLER WITH RESPECT TO THIS AGREEMENT AND/OR THE
TRANSACTION CONTEMPLATED HEREBY AND
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BUYER SHALL HAVE THE RIGHT TO APPROVE ANY INFORMATION CONTAINED THEREIN
REGARDING BUYER, ITS AFFILIATES AND THE TRANSACTIONS CONTEMPLATED HEREBY, WHICH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.
8.5
THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, AND EACH SUCH
COUNTERPART WILL FOR ALL PURPOSES BE DEEMED AN ORIGINAL, AND ALL SUCH
COUNTERPARTS SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT.
8.6
THE SECTION AND SUBSECTION HEADINGS CONTAINED IN THIS AGREEMENT ARE
INCLUDED FOR CONVENIENCE ONLY AND FORM NO PART OF THE AGREEMENT BETWEEN THE
PARTIES.
8.7
IF FOR ANY REASON ANY PROVISION HEREIN IS DETERMINED TO BE INVALID, SUCH
INVALIDITY SHALL NOT IMPAIR OR OTHERWISE AFFECT THE VALIDITY OF THE OTHER
PROVISIONS OF THIS AGREEMENT.
MOREOVER, THE PARTIES AGREE TO REPLACE SUCH
INVALID PROVISION WITH A SUBSTITUTE PROVISION THAT WILL SATISFY THE INTENT OF
THE PARTIES.
8.8
PARAGRAPH TITLES HEREIN ARE FOR DESCRIPTION PURPOSES ONLY AND SHALL NOT
CONTROL OR ALTER THE MEANING OF THE PROVISIONS OF THIS AGREEMENT AS SET FORTH IN
THE TEXT.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of
the day and year first above written.
ATTEST:
VIST FINANCIAL CORP., Seller
By:
/s/ Robert D. Davis
(corporate seal)
Robert D. Davis
President and Chief Executive Officer
ATTEST:
WEAVER CONSULTING & ASSET MANAGEMENT, LLC t/d/b/a BATTLEFIELD CAPITAL
MANAGEMENT, LLC, Buyer
(corporate seal)
By:
/s/ James M. Weaver
James M. Weaver
Chief Executive Officer
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