Common use of Bank Holding Company Act Clause in Contracts

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities owns or controls, directly or indirectly, five percent or more of the outstanding shares of any class of voting securities or 25% or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor or, to the Company’s Knowledge, any of its Consolidated Affiliated Entities their respective Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor nor, to the Company’s Knowledge, any of its Consolidated Affiliated Entities their respective Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of or, to the Company's knowledge, its Consolidated Affiliated Entities Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of or, to the Company's knowledge, its Consolidated Affiliated Entities Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or the VIEs or affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or VIEs or affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or VIEs or affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or, to the Company’s knowledge, Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, or VIEs or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or VIEs or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates or VIEs exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or the VIEs or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or VIEs or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or VIEs or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company Ocuphire nor any of its the Ocuphire Subsidiaries nor any of its Consolidated Affiliated Entities or affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company Ocuphire nor any of its the Ocuphire Subsidiaries nor any of its Consolidated Affiliated Entities or their affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company Ocuphire nor any of its the Ocuphire Subsidiaries nor any of its Consolidated Affiliated Entities or affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor nor, to the Company’s knowledge, any of its Consolidated Affiliated Entities Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor nor, to the Company’s knowledge, any of its Consolidated Affiliated Entities Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither To the knowledge of the Company, neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither To the knowledge of the Company, neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, as applicable or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, as applicable, or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, as applicable, or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company Ocugen nor any of its the Ocugen Subsidiaries nor any of its Consolidated Affiliated Entities or their affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company Ocugen nor any of its the Ocugen Subsidiaries nor any of its Consolidated Affiliated Entities or their affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company Ocugen nor any of its the Ocugen Subsidiaries nor any of its Consolidated Affiliated Entities or affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities the VIE or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, the VIE or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, the VIE or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) ), and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of 4880-3171-8324 a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, VIEs, or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, VIEs, or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities Subsidiaries, VIEs, or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither To the knowledge of the Company, neither the Company nor any of its the Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its the Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its the Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor nor, to the knowledge of the Company, any of its Consolidated Affiliated Entities Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent (25% %) or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

Bank Holding Company Act. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates owns or controls, directly or indirectly, five percent (m, (oo) (pp) ) or more of the outstanding shares of any class of voting securities or 25% twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries nor any of its Consolidated Affiliated Entities or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.