Common use of Certain Loans and Related Matters Clause in Contracts

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.5, neither EVBS nor any of the EVBS Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBS, EVB or any five percent (5%) shareholder of EVBS or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS or any of the EVBS Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. (a) Except as set forth in EVBS Schedule 4.53.12(a), neither EVBS GNB nor any of the EVBS Subsidiaries GNB Bank is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, other than credit card loans and other loans the unpaid balance of which does not exceed $25,000 per loan, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision material provisions as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS GNB or GNB Bank or any Regulatory Authorityregulatory agency with supervisory jurisdiction over GNB or GNB Bank, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBS, EVB GNB or any five percent (5%) of its Subsidiaries, or any 10% or greater shareholder of EVBS GNB, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS GNB or any of the EVBS its Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authorityregulatory agency with supervisory jurisdiction over GNB or any of its Subsidiaries and which violation could have a Material Adverse Effect on GNB.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.53.5, neither EVBS North Penn nor any of the EVBS North Penn Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS North Penn or any Regulatory Authorityof the North Penn Subsidiaries, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSNorth Penn, EVB any subsidiary or any five percent (5%) shareholder of EVBS North Penn, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; (iv) each asset of it or any of the North Penn Subsidiaries that, as of September 30, 2010, was classified as “Other Real Estate Owned” and the book value thereof, or (ivv) loan agreement, note or borrowing arrangement in material violation of any law, regulation or rule applicable to EVBS North Penn or any of the EVBS North Penn Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS Sterling Schedule 4.53.5, neither EVBS nor as of February 28, 2010, none of Sterling, Sterling Bank or any of the EVBS Subsidiaries Sterling Subsidiary is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or or, to the Knowledge of Sterling and Sterling Bank, in default of any other provision as of the date hereofmaterial provision; (ii) loan agreement, note or borrowing arrangement which that has been classified or, in the exercise of reasonable diligence by EVBS Sterling, Sterling Bank, a Sterling Subsidiary or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement that is on nonaccrual status; (iv) loan agreement, note or borrowing arrangement, including any loan guaranty, with (y) any director or executive officer of EVBSSterling, EVB Sterling Bank or any five percent (5%) shareholder of EVBS Sterling Subsidiary or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoingforegoing or (z) or any five percent (5%) shareholder of Sterling or, to the Knowledge of Sterling and Sterling Bank, any person, corporation or enterprise controlling, controlled by or under common control with such shareholder; or (ivv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS Sterling, Sterling Bank or any of the EVBS Subsidiaries Sterling Subsidiary including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority, which such violation would be reasonably expected to have a Material Adverse Effect on Sterling. To the Knowledge of Sterling, as of the date of this Agreement, there are no additional items that would be included on Sterling Schedule 3.5 if such Schedule 3.5 was prepared as of the date of this Agreement rather than as of February 28, 2010.

Certain Loans and Related Matters. Except as set forth in EVBS Disclosure Schedule 4.53.5, neither EVBS GFH nor any of the EVBS its Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS GFH or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSGFH, EVB Gateway Bank or any five percent (5%) shareholder of EVBS GFH or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS GFH or any of the EVBS its Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS Disclosure Schedule 4.53.5, neither EVBS FCB nor any of the EVBS its Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS FCB or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSFCB, EVB First Capital Bank or any five percent (5%) shareholder of EVBS FCB or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS FCB or any of the EVBS its Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.53.5, neither EVBS Central Jersey nor any of the EVBS Subsidiaries its subsidiaries is a party Party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Central Jersey or its subsidiaries or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBS, EVB Central Jersey or any five percent (5%) shareholder of EVBS Central Jersey, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS Central Jersey or any of the EVBS Subsidiaries its subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority, which such violation would be reasonably expected to have a Material Adverse Effect on Central Jersey.

Certain Loans and Related Matters. Except as set forth in EVBS Disclosure Schedule 4.53.5, neither EVBS SFC nor any of the EVBS its Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS SFC or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSSFC, EVB Shore Bank or any five percent (5%) shareholder of EVBS SFC or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS SFC or any of the EVBS its Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.53.5, neither EVBS SE Corp nor any of the EVBS Subsidiaries its subsidiaries is a party Party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, to the Knowledge of SE Corp, in the exercise of reasonable diligence by EVBS SE Corp or its subsidiaries or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such personsPersons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSSE Corp, EVB or any five percent (5%) shareholder of EVBS or any personPerson, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS SE Corp or any of the EVBS Subsidiaries its subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority., which violation would be reasonably expected to have a Material Adverse Effect on SE Corp.

Certain Loans and Related Matters. Except as set forth in EVBS Noah Disclosure Schedule 4.53.5, neither EVBS nor any as of the EVBS Subsidiaries date hereof, Xxxx is not a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or or, to the Knowledge of Xxxx, in default of any other provision as of the date hereofmaterial provision; (ii) loan agreement, note or borrowing arrangement which that has been classified or, in the exercise of reasonable diligence by EVBS or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement that is on nonaccrual status; (iv) loan agreement, note or borrowing arrangement, including any loan guaranty, with (y) any director or executive officer of EVBS, EVB or any five percent (5%) shareholder of EVBS Xxxx or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoingforegoing or (z) or any five percent (5%) shareholder of Noah or, to the Knowledge of Noah, any person, corporation or enterprise controlling, controlled by or under common control with such shareholder; or (ivv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS or any of the EVBS Subsidiaries Noah including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority, which such violation would be reasonably expected to have a Material Adverse Effect on Noah.

Certain Loans and Related Matters. Except as set forth in EVBS HRB Schedule 4.5, neither EVBS HRB nor any of the EVBS HRB Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS HRB or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSHRB, EVB Bank of Hampton Roads, Shore Bank or any five percent (5%) shareholder of EVBS HRB or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS HRB or any of the EVBS HRB Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.53.5, neither EVBS Delaware nor any of the EVBS Delaware Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Delaware or any Regulatory Authorityof the Delaware Subsidiaries, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSDelaware, EVB any Delaware Subsidiary or any five percent (5%) shareholder of EVBS Delaware, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; (iv) each asset of it or any of the Delaware Subsidiaries that, as of December 31, 2015, was classified as “Other Real Estate Owned” and the book value thereof; (v) loan where the interest rate terms have been reduced, principal reduced and/or the maturity extended due to concerns about the borrower’s ability to repay; (vi) loan where a specific reserve allocation exists in connection therewith; or (ivvii) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS Delaware or any of the EVBS Delaware Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority. Schedule 3.5 specifies the name of the borrower, the amount of principal and the unpaid interest outstanding, together with a description of any collateral, for all such loans required to be disclosed.

Certain Loans and Related Matters. (a) Except as set forth in EVBS Company Disclosure Schedule 4.53.5(a), neither EVBS nor any as of the EVBS Subsidiaries date hereof, none of the Company or any Company Subsidiary is a party to any written or oral: (i) loan, loan agreement, note note, or borrowing arrangementarrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or or, to the Knowledge of the Company, in default of any other provision as of the date hereofmaterial provision; (ii) loan agreement, note or borrowing arrangement which Loan that has been classified or, in the exercise of reasonable diligence by EVBS or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such personsPersons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, Loan that is on nonaccrual status; (iv) Loan with (y) any director or executive officer of EVBS, EVB the Company or any five percent (5%) shareholder of EVBS Company Subsidiary or any person, corporation or enterprise Person controlling, controlled by or under common control with any of the foregoingforegoing or (z) or any five percent (5%) shareholder of the Company or, to the Knowledge of the Company, any Person controlling, controlled by or under common control with such shareholder; or (ivv) loan agreement, note or borrowing arrangement Loan in violation of any law, regulation or rule applicable to EVBS the Company or any of the EVBS Subsidiaries Company Subsidiary including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority, which such violation would be reasonably expected to have a Material Adverse Effect on the Company.

Certain Loans and Related Matters. Except as set forth in EVBS Disclosure Schedule 4.53.5, neither EVBS nor any of the EVBS Subsidiaries Albemarle First is not a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or to the knowledge of Albemarle First in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Albemarle First or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBS, EVB Albemarle First or any five percent (5%) shareholder of EVBS Albemarle First or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS or any of the EVBS Subsidiaries Albemarle First including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.54.19, as of the date of this Agreement, neither EVBS Buyer nor any of the EVBS Buyer Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) or more days delinquent in payment of principal or interest or in default of any other provision as that would entitle Buyer or Buyer Bank to accelerate the maturity of the date hereofall obligations evidenced thereby; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Buyer or any Regulatory Authorityof the Buyer Subsidiaries, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSBuyer, EVB any subsidiary or any five percent (5%) shareholder of EVBS Buyer, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; (iv) agreement of any sort related to any asset that is classified as “Other Real Estate Owned,” or words of similar import (v) loan agreement, note or borrowing arrangement related to any troubled debt restructuring; or (ivvi) loan agreement, note or borrowing arrangement in material violation of any law, regulation or rule applicable to EVBS Buyer or any of the EVBS Buyer Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except (a) Other than as set forth in EVBS Schedule 4.53.8(a), neither EVBS nor any as of the EVBS Subsidiaries September 30, 2005, SNB is not a party to any written or oral: (i) loan agreement, note or borrowing arrangementarrangement (including leases, credit enhancements, commitments or guarantees), other than credit card loans and other loans the unpaid balance of which does not exceed $50,000 per loan, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of material provisions, or where such loan agreement, note or borrowing arrangement has been rewritten to accommodate a debtor’s inability to comply with the date hereofterms and conditions originally approved and documented; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS SNB or any Regulatory Authorityregulatory agency with supervisory jurisdiction over SNB, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSSNB, EVB or any five percent (5%) 10% or more shareholder of EVBS SNB, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS or any of the EVBS Subsidiaries SNB including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authorityregulatory agency with supervisory jurisdiction over SNB and which violation could have a Material Adverse Effect on SNB.

Certain Loans and Related Matters. (a) Except as set forth in EVBS Schedule 4.53.12(a), as of September 30, 2005, neither EVBS Northwest nor any of the EVBS Subsidiaries Northwest Bank is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, other than credit card loans and other loans the unpaid balance of which does not exceed $25,000 per loan, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision material provisions as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Northwest or Northwest Bank or any Regulatory Authorityregulatory agency with supervisory jurisdiction over Northwest or Northwest Bank, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBS, EVB Northwest or any five percent (5%) of its Subsidiaries, or any 10% or greater shareholder of EVBS Northwest, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS Northwest or any of the EVBS its Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authorityregulatory agency with supervisory jurisdiction over Northwest or its Subsidiaries and which violation could have a Material Adverse Effect on Northwest.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.53.5, neither EVBS UpState nor any of the EVBS UpState Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS UpState or any Regulatory Authorityof the UpState Subsidiaries, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSUpState, EVB any UpState Subsidiary or any five percent (5%) shareholder of EVBS UpState, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation each asset of any law, regulation or rule applicable to EVBS it or any of the EVBS UpState Subsidiaries includingthat, but not limited toas of December 31, those promulgated2018, interpreted or enforced by any Regulatory Authority.was classified as “Other Real Estate Owned” and the book value thereof; (v) loan where the interest rate terms have been reduced, principal reduced and/or the maturity extended due to concerns about the borrower’s ability to repay; (vi) loan where a specific reserve allocation exists in connection therewith; or

Certain Loans and Related Matters. Except as set forth in EVBS Disclosure Schedule 4.53.5, neither EVBS nor any none of the EVBS Subsidiaries CENIT, CENIT Bank or their respective subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, other than credit card loans and other loans the unpaid balance of which does not exceed $50,000 per loan, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or, to the knowledge of CENIT, CENIT Bank or their respective subsidiaries, in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS CENIT, CENIT Bank or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “"substandard,” “" "doubtful,” “" "loss,” “" "other loans especially mentioned”", “"other assets especially mentioned”", “"special mention”", “"credit risk assets”", “"classified”", “"criticized”", “"watch list”", “"concerned loans” " or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSCENIT, EVB CENIT Bank or any CENIT subsidiary or any five percent (5%) shareholder of EVBS CENIT, CENIT Bank or any CENIT subsidiary, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS CENIT, CENIT Bank or any of the EVBS Subsidiaries CENIT subsidiary including, but not limited to, those promulgated, interpreted or enforced by any Regulatory AuthorityAuthority and which violation could have a Material Adverse Effect on the Condition of CENIT on a consolidated basis.

Certain Loans and Related Matters. Except as set forth in EVBS HRB Schedule 4.5, neither EVBS HRB nor any of the EVBS HRB Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS HRB or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, “other assets especially mentioned”, “special mention”, “credit risk assets”, “classified”, “criticized”, “watch list”, “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSHRB, EVB Bank of Hampton Roads, Shore Bank or any five percent (5%) shareholder of EVBS HRB or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS HRB or any of the EVBS HRB Subsidiaries including, but bu t not limited to, those promulgated, interpreted or enforced by any Regulatory Authority.

Certain Loans and Related Matters. Except as set forth in EVBS --------------------------------- Schedule 4.53.5, neither EVBS nor any none of the EVBS Subsidiaries Community, Community Bank or their respective subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, other than credit card loans and other loans the unpaid balance of which does not exceed $25,000 per loan, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Community, Community Bank or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “"substandard,” “" "doubtful,” “" "loss,” “" "other loans especially mentioned”, “," "other assets especially mentioned”, “," "special mention”, “," "credit risk assets”, “," "classified”, “," "criticized”, “," "watch list”, “," "concerned loans” " or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSCommunity, EVB Community Bank or any Community subsidiary or any five percent (5%) shareholder of EVBS Community, Community Bank or any Community subsidiary, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS Community, Community Bank or any of the EVBS Subsidiaries Community subsidiary including, but not limited to, those promulgated, interpreted or enforced by any Regulatory AuthorityAuthority and which violation could have a Material Adverse Effect on the Condition of Community.

Certain Loans and Related Matters. Except as set forth in EVBS Schedule 4.53.5, neither EVBS Seller nor any of the EVBS Seller Subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) or more days delinquent in payment of principal or interest or in default of any other provision as that would entitle Seller or Seller Bank to accelerate the maturity of the date hereofall obligations evidenced thereby; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Seller or any Regulatory Authorityof the Seller Subsidiaries, should have been classified by any bank examiner (whether regulatory or internal) as “substandard,” “doubtful,” “loss,” “other loans especially mentioned”, ,” “other assets especially mentioned”, ,” “special mention”, ,” “credit risk assets”, ,” “classified”, ,” “criticized”, ,” “watch list”, ,” “concerned loans” or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSSeller, EVB any subsidiary or any five percent (5%) shareholder of EVBS Seller, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; (iv) agreement of any sort related to any asset that is classified as “Other Real Estate Owned,” or words of similar import (v) loan agreement, note or borrowing arrangement related to any troubled debt restructuring; or (ivvi) loan agreement, note or borrowing arrangement in material violation of any law, regulation or rule applicable to EVBS Seller or any of the EVBS Seller Subsidiaries including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority. In the case of any loans or other assets listed on Schedule 3.5 hereof, the book value of such loan or asset is set forth along with the subsection under which such loan or asset is being disclosed. All loans which are classified as “Insider Transactions” by Regulation O of the Board of Governors of the Federal Reserve System (“Federal Reserve”) have been made by Seller or any of the Seller Subsidiaries in an arms-length manner made on substantially the same terms, including interest rates and collateral, as those prevailing at the time for comparable transactions with other persons and do not involve more than normal risk of collectibility or present other unfavorable features and have been described in the Financial Statements of Seller. Except as set forth on Schedule 3.5 hereof, Seller has not received any notice of and has no reason to believe that it will be required to repurchase any loans that it has previously sold.

Certain Loans and Related Matters. Except as set forth in EVBS ---------------------------------- Schedule 4.53.5, neither EVBS nor any of the EVBS Subsidiaries Advantage is not a party to any written or oral: (i) loan agreement, note or borrowing arrangement, arrangement under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Advantage or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “"substandard,” “" "doubtful,” “" "loss,” “" "other loans especially mentioned”, “," "other assets especially mentioned”, “," "special mention”, “," "credit risk assets”, “," "classified”, “," "criticized”, “," "watch list”, “," "concerned loans” " or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBS, EVB Advantage or any five percent (5%) shareholder of EVBS Advantage, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS or any of the EVBS Subsidiaries Advantage including, but not limited to, those promulgated, interpreted or enforced by any Regulatory Authority, which such violation would be reasonably expected to have a Material Adverse Effect on the Condition of Advantage.

Certain Loans and Related Matters. Except as set forth in EVBS ------------------------------------ Schedule 4.53.5, neither EVBS nor any none of the EVBS Subsidiaries Community, Community Bank or their respective subsidiaries is a party to any written or oral: (i) loan agreement, note or borrowing arrangement, other than credit card loans and other loans the unpaid balance of which does not exceed $25,000 per loan, under the terms of which the obligor is sixty (60) days delinquent in payment of principal or interest or in default of any other provision as of the date hereof; (ii) loan agreement, note or borrowing arrangement which has been classified or, in the exercise of reasonable diligence by EVBS Community, Community Bank or any Regulatory Authority, should have been classified by any bank examiner (whether regulatory or internal) as “"substandard,” “" "doubtful,” “" "loss,” “" "other loans especially mentioned”, “," "other assets especially mentioned”, “," "special mention”, “," "credit risk assets”, “," "classified”, “," "criticized”, “," "watch list”, “," "concerned loans” " or any comparable classifications by such persons; (iii) loan agreement, note or borrowing arrangement, including any loan guaranty, with any director or executive officer of EVBSCommunity, EVB Community Bank or any Community subsidiary or any five percent (5%) shareholder of EVBS Community, Community Bank or any Community subsidiary, or any person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing; or (iv) loan agreement, note or borrowing arrangement in violation of any law, regulation or rule applicable to EVBS Community, Community Bank or any of the EVBS Subsidiaries Community subsidiary including, but not limited to, those promulgated, interpreted or enforced by any Regulatory AuthorityAuthority and which violation could have a Material Adverse Effect on the Condition of Community.