Common use of Agreements with Regulatory Agencies Clause in Contracts

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 2019, a recipient of any supervisory letter from, or since January 1, 2019, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling Disclosure Schedule, a “Sterling Regulatory Agreement”), nor has Sterling or any of its Subsidiaries been advised in writing since January 1, 2019, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, or requesting any such Sterling Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling Discover nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 20192021, a recipient of any supervisory letter from, or since January 1, 20192021, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling Discover Disclosure Schedule, a “Sterling Discover Regulatory Agreement”), nor has Sterling Discover or any of its Subsidiaries been advised in writing since January 1, 20192021, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, or requesting any such Sterling Discover Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling CenterState nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 20192017, a recipient of any supervisory letter from, or since January 1, 20192017, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling CenterState Disclosure Schedule, a “Sterling CenterState Regulatory Agreement”), nor has Sterling CenterState or any of its Subsidiaries been advised in writing since January 1, 20192017, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, ordering or requesting any such Sterling CenterState Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling Capital One nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 20192021, a recipient of any supervisory letter from, or since January 1, 20192021, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling Capital One Disclosure Schedule, a “Sterling Capital One Regulatory Agreement”), nor has Sterling Capital One or any of its Subsidiaries been advised in writing since January 1, 20192021, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, ordering or requesting any such Sterling Capital One Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling SVB Financial nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 20192018, a recipient of any supervisory letter from, or since January 1, 20192018, has adopted any policies, procedures or board resolutions at the request or suggestion of, of any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling SVB Financial Disclosure Schedule, a “Sterling SVB Financial Regulatory Agreement”), nor has Sterling SVB Financial or any of its Subsidiaries been advised in writing since January 1, 20192018, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, ordering or requesting any such Sterling SVB Financial Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling Busey nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 20192022, a recipient of any supervisory letter from, or since January 1, 20192022, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling Busey Disclosure Schedule, a “Sterling Busey Regulatory Agreement”), nor has Sterling Busey or any of its Subsidiaries been advised in writing since January 1, 20192022, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, ordering or requesting any such Sterling Busey Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling First Midwest nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 2019, a recipient of any supervisory letter from, or since January 1, 2019, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling First Midwest Disclosure Schedule, a “Sterling First Midwest Regulatory Agreement”), nor has Sterling First Midwest or any of its Subsidiaries been advised in writing since January 1, 2019, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, or requesting any such Sterling First Midwest Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling CrossFirst nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 20192022, a recipient of any supervisory letter from, or since January 1, 20192022, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling CrossFirst Disclosure Schedule, a “Sterling CrossFirst Regulatory Agreement”), nor has Sterling CrossFirst or any of its Subsidiaries been advised in writing since January 1, 20192022, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, or requesting any such Sterling CrossFirst Regulatory Agreement.

Agreements with Regulatory Agencies. Subject to Section 9.14, neither Sterling Old National nor any of its Subsidiaries is subject to any cease-and-desist or other order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been ordered to pay any civil money penalty by, or has been since January 1, 2019, a recipient of any supervisory letter from, or since January 1, 2019, has adopted any policies, procedures or board resolutions at the request or suggestion of, any Regulatory Agency or other Governmental Entity that currently restricts in any material respect or would reasonably be expected to restrict in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its ability to pay dividends, its credit or risk management policies, its management or its business (each, whether or not set forth in the Sterling Old National Disclosure Schedule, a “Sterling Old National Regulatory Agreement”), nor has Sterling Old National or any of its Subsidiaries been advised in writing since January 1, 2019, by any Regulatory Agency or other Governmental Entity that it is considering issuing, initiating, ordering, ordering or requesting any such Sterling Old National Regulatory Agreement.