Common use of CREDIT AND COLLATERAL EXCEPTIONS Clause in Contracts

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, the expected source of repayment; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations. (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Compliance Agreement

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CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty thirty (6030) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the thirty (30) day period, the Board shall list all loans for which it is unable to obtain such information. This list shall include an explanation of the actions taken to obtain such information, the reasons why such information has not been obtained, and a plan to obtain such information by a specified time. (2) Within sixty thirty (6030) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the thirty (30) day period, the Board shall list all loans for which it is unable to obtain such information. This list shall include an explanation of the actions taken to obtain such information, the reasons why such information has not been obtained, and a plan to obtain such information by a specified time. (3) Effective immediately, except for loans or other extensions of credit fully secured by a certificate of deposit, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in the National Bank Examiners at subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable. (4) Effective immediately, with respect to any lending relationships of two hundred fifty thousand dollars ($250,000) or more, loan officers will prepare written memoranda updating any changes in the obligor’s financial position or ability to repay, document any significant discussion between management and the obligor during the course of the loan, and note any changes in or departure from the original terms. This documentation shall be maintained in the credit files of the individual borrowers for review by the National Bank Examiners.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the sixty (60) day period, the Board shall list all loans for which it is unable to obtain such documentation. This list shall include an explanation of the actions taken to obtain such documentation, the reasons why such documentation has not been obtained, and a plan to obtain such documentation by specified time. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) thereof to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, the Board shall obtain ensure the Bank obtains current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, the Board shall ensure the Bank obtains proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediatelyas of the date of this Agreement, the Bank may grant, extend, renew, alter or restructure any loan relationship or other extension of credit equal to or exceeding five hundred thousand dollars ($500,000) only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining using reasonable efforts to obtain and analyzing analyze current financial and satisfactory credit information, including information sufficient to make an informed decision regarding the repayment ability of the borrower to include detailed global cash flow analysis, where loans are to be repaid from operations. (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing analysis and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,multi-variable stress testing on commercial real estate loans; (e) documenting, with adequate supporting material, the value of collateral and collateral; (f) properly perfecting the Bank's lien on ’s lien, if applicable; and (g) ensuring the loan complies with the Bank’s Loan Policy. (4) Failure to use reasonable efforts to obtain the information required pursuant to Paragraph (3) of this Article shall require a majority of the full Board (or a delegated committee consisting of at least two external directors) to certify in writing that it where applicablewas in the best interests of the Bank to nevertheless provide the extension of credit. The Board or its delegated committee shall also provide the specific reason(s) that the non-complying extension of credit is in the best interests of the Bank.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the ninety (90) day period, the Board shall list all loans for which it was unable to obtain such information, the reasons why such information has not been obtained and plans to obtain such information by a specified time. (2) Within sixty ninety (6090) days, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the ninety (90) day period, the Board shall list all loans for which it was unable to obtain such documentation, the reasons why such documentation has not been obtained and plans to obtain such documentation by a specified time. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this article with sixty (60) days, the Board and management shall document their efforts to obtain such information or documentation, and maintain documentation of their efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) for loans or other extensions of credit exceeding $250,000, completing a global analysis of the borrower’s current financial position, cash flow and repayment ability; and (f) documenting, with adequate supporting material, the current value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this article within ninety (90) days, the Board and management shall document their efforts to obtain such information or documentation, and maintain documentation of their efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d4)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,. (e) for loans or other extensions of credit exceeding $250,000, completing a global analysis of the borrower’s current financial position, cash flow and repayment ability; and (f) documenting, with adequate supporting material, the current value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this article with sixty (60) days, the Board and management shall document their efforts to obtain such information or documentation, and maintain documentation of their efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit exceeding one hundred thousand dollars ($100,000) only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining the Bank did not obtain and analyzing analyze the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank4)(d). (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,; (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable; and (f) documenting an effective appraisal review in accordance with real estate lending regulations (12 CFR Part 34), the Interagency Appraisal and Evaluation Guidelines, and OCC Bulletin 2005-6.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, days the Board shall direct the Bank’s management to obtain current and satisfactory credit information on all loans lacking such information, including those listed listed: (i) in the Report of Examination dated December 31, 2008 (XXX, ); (ii) in any subsequent Report of Examination, ; (iii) in any internal or external loan review, ; or (iv) in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination; to the extent borrowers refuse to provide the requested information, the Bank shall document in writing its efforts to obtain the information and shall continue to attempt to obtain such information. (2) Within sixty (60) days, days the Board shall direct the Bank’s management to ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed listed: (i) in the XXX, ; (ii) in any subsequent Report of Examination, ; (iii) in any internal or external loan review, ; or (iv) in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure For existing credit exposures of greater than fifty thousand dollars ($50,000), failure to obtain the information in this subparagraph Paragraph (3)(d) of this Article shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining failing to obtain and analyzing analyze the information in this subparagraph Paragraph (3)(d) of this Article would not be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and (or the identity and vote certification of every person who voted on, or abstaining from, the Bank's proposed action designated committee thereof) shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Compliance Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board is unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this Article within ninety (90) days, the Board shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d4)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,. (e) completing a global analysis of the borrower’s current financial position, cash flow, and repayment ability; and (f) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) daysdays of the date of this Agreement, the Board shall make diligent efforts to obtain current and satisfactory credit information on all loans lacking such information, including those listed in the 2009 XXX, the 2010 XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. These efforts shall include, at a minimum, having loan officers contact borrowers and guarantors both in writing and by phone to request the current financial information. For commercial credit exposures in excess of $1 million that are lacking adequate financial information, loan officers shall, at a minimum, visit the borrower’s place of business to observe the borrower’s business operations and request the current financial information from the borrower and guarantor. (2) Within sixty ninety (6090) daysdays of the date of this Agreement, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the 2009 XXX, the 2010 XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where when loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where as applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the ninety (90) day period, the Board shall list all loans for which it was unable to obtain such information, the reasons why such information has not been obtained and plans to obtain such information by a specified time. (2) Within sixty ninety (6090) days, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. At the expiration of the ninety (90) day period, the Board shall list all loans for which it was unable to obtain such documentation, the reasons why such documentation has not been obtained and plans to obtain such documentation by a specific time. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, analysis where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(dd) shall require a majority of the full Board (or a delegated committee thereof) thereof to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(dd) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty thirty (6030) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (2) Within sixty thirty (6030) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable. (4) Beginning July 31, 2008, and on a quarterly basis thereafter, management will provide the Board with a written report addressing, at a minimum, the following information: (a) credit and collateral documentation exceptions; (b) the identification of loans and leases not in conformance with the Bank's lending and leasing policies, and exceptions to the Bank’s lending and leasing policies; (c) the identity of the loan officer who originated each loan reported in accordance with paragraph (3)(a) and (b) of this Article. (d) After receipt of the report, the Board will take all steps necessary to ensure that it complies with its obligations under paragraphs (1) and (2) of this Article. If the report reveals that total credit or collateral exceptions at the Bank exceed ten percent (10%) of the total dollar amount of the Bank’s then existing loan portfolio, the Board shall develop and implement a written action plan to eliminate these exceptions. (5) A copy of the Board's program, plans, policies and procedures created to comply with this Article shall be submitted to the Assistant Deputy Comptroller for review and prior written determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the program.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty one hundred and twenty (60120) days, days the Board shall obtain ensure that current and satisfactory credit information is obtained on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty one hundred and twenty (60120) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board or designated Bank management is unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this Article within one hundred and twenty (120) days, the Board shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing analyzing, in writing, current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d4)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, and on a timely basis thereafter, the Board shall obtain current and satisfactory credit information on all loans loans, leases and other extensions of credit lacking such information, including those listed in the Report of Examination dated as of March 31, 2010 (“XXX”), in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans credits lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, and on a timely basis thereafter, the Board shall ensure proper collateral documentation is maintained on all loans extensions of credit and shall correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans credits lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If despite prudent efforts the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this Article within the time period proscribed, it shall not constitute a violation of this Article so long as the Board and management document their ongoing efforts to obtain such credit information or collateral documentation, and record their efforts in the respective loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only afterif the Bank’s decision is supported by and based upon: (a) documenting documentation of the specific reason or purpose for the extension of credit; (b) identifying, in writing, written identification of the expected source of repaymentrepayment for the extension of credit; (c) structuring the prudent and reasonable repayment terms that are structured to coincide with the expected source of repaymentrepayment for the extension of credit; (d) obtaining and analyzing documented analysis of current and satisfactory credit informationinformation related to the borrower, including cash flow analysis, where loans are to be repaid from operations; and (e) documentation of the current value of collateral (with adequate supporting material and in compliance with 12 C.F.R. Part 34 where applicable), and documentation that the Bank’s security interest has been properly attached and perfected if applicable. (i5) Failure to obtain the information in paragraph (4)(d) of this subparagraph (3)(d) Article shall require not constitute a violation if, prior to granting the extension of credit, a majority of the full Board (or a delegated committee thereof) to certify (certifies in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why not obtaining and analyzing the information required in this subparagraph paragraph (3)(d4)(d) would not be detrimental to the best interests of the Bank. (ii) . A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the Bank’s credit file of the affected respective borrower(s). The certification will be reviewed ) for subsequent review by this Office the Comptroller in subsequent connection with examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, days the Board Bank shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) At the expiration of the ninety (90) day period, the Board shall list all loans for which it is unable to obtain such credit and collateral documentation. This list shall include a detailed explanation of the actions taken to obtain such documentation, the reasons why such documentation has not been obtained, and a plan to obtain such documentation by a specified time. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d4)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

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CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the Report of Examination dated “as of” March 31, 2009 (“XXX”), in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board is unable to obtain the credit information or collateral documentation required by Paragraphs (1) or (2) of this Article within ninety (90) days, despite its best efforts, the Board shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,; (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable; and (f) determining and documenting whether the loan terms comply with the Bank’s Loan Policy and if it does not comply, providing identification of the exception and ample justification to support waiving the policy exception.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the Report of Examination, dated as of March 31, 2010 (“XXX”) (that are still lacking such information), in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (2) Within sixty ninety (6090) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (3) If the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this article within ninety (90) days, the Board and management shall document their efforts to obtain such information or documentation, and maintain documentation of their efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after:equal to or exceeding one hundred thousand dollars ($100,000) (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including global cash flow analysisanalysis with appropriate adjustments, including living expenses where applicable, where loans are to be repaid from operations.; (i) Failure to obtain the information in (4)(d) of this subparagraph (3)(d) Article shall require a majority of the full Board (or a its delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining the Bank did not obtain and analyzing analyze the information in (4)(d) of this subparagraph (3)(d) would be detrimental to the best interests of the BankArticle. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, documenting the value of collateral (with adequate supporting material and in compliance with 12 C.F.R. Part 34), and properly perfecting the Bank's lien on it it, where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, days the Board shall obtain current and satisfactory credit information on all loans loans, leases, and other extensions of credit lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans credits lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (2) Within sixty (60) days, days the Board shall ensure proper collateral documentation is maintained on all loans credits and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. This will include obtaining real estate evaluations prior to loan renewals. (3) If the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this Article within sixty (60) days, the Board and management shall document their efforts to obtain such information or documentation, and maintain documentation of their efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan loan, lease, or other extension of credit equal to or exceeding three hundred thousand dollars ($300,000) only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including global cash flow analysisanalysis with appropriate adjustments including living expenses where applicable, where loans loans, leases, or other extensions of credit are to be repaid from operations.; (i) Failure to obtain the information in paragraph (4)(d) of this subparagraph (3)(d) Article shall require a majority of the full Board (or a its delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining the Bank did not obtain and analyzing analyze the information in paragraph (4)(d) of this subparagraph (3)(d) would be detrimental to the best interests of the Bank.Article; (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, documenting the value of collateral (with adequate supporting material and in compliance with 12 C.F.R. Part 34), and properly perfecting the Bank's ’s lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed which were criticized in the XXXReport of Examination, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed for any loans criticized in the XXXReport of Examination, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including including: (i) cash flow analysis, where analysis for loans that are to be repaid from operations.; and (iii) Failure credit bureau reports for consumer instalment loans equal to or exceeding $5,000; (e) failure to obtain the information in this subparagraph (3)(dd) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(dd) would be detrimental to the best interests of the Bank.; (iif) A a copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,; (eg) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable. (4) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXXXXX (that are still lacking such information), in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (2) Within sixty (60) days, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examinationExaminers. (3) If the Board and management are unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this article within sixty (60) days, the Board and management shall document their efforts to obtain such information or documentation, and maintain documentation of their efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit equal to or exceeding five hundred thousand dollars ($500,000) only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including a global analysis of the borrower’s current financial position, cash flow analysisflow, where loans are to be repaid from operations.and repayment ability; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a its delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining failure to obtain and analyzing analyze the information in this subparagraph (3)(d4)(d) would be detrimental to not be in the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Formal Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) daysdays of the date of this Agreement, the Board shall make diligent efforts to obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX2009 ROE, in xhe 2010 ROE, xn any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. These efforts shall include, at a minimum, having loan officers contact borrowers and guarantors both in writing and by phone to request the current financial information. For commercial credit exposures in excess of $1 million that are lacking adequate financial information, loan officers shall, at a minimum, visit the borrower’s place of business to observe the borrower’s business operations and request the current financial information from the borrower and guarantor. (2) Within sixty ninety (6090) daysdays of the date of this Agreement, the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX2009 ROE, in xhe 2010 ROE, xn any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where when loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where as applicable.

Appears in 1 contract

Samples: Banking Agreement (Wilber CORP)

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) If the Board is unable to obtain the credit information or collateral documentation required by paragraphs (1) and (2) of this Article within (60) days, the Board shall document its repeated written requests and other efforts to obtain such information or documentation in order to be in compliance with Paragraphs (1) and (2) of this Article, and shall maintain the documentation of its efforts in the loan file. (4) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit exceeding one hundred thousand dollars ($100,000) only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining and analyzing analyzing, in writing, current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d4)(d) shall require a majority of the full Board (or a its delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining the Bank did not obtain and analyzing analyze the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank.4)(d); (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty ninety (6090) days, days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty ninety (6090) days, days the Board shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediately, the Bank may grant, extend, renew, alter or restructure any loan or other extension of credit only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) documenting compliance with all applicable lending limit laws, rules, and regulations; (e) documenting compliance with the Bank’s loan policy, unless a majority of the full Board approves of a deviation from the Bank’s loan policy and certifies in writing the specific reasons why compliance with the Bank’s loan policy would be detrimental to the best interests of the Bank; (f) obtaining and analyzing current and satisfactory credit information, including cash flow analysis, where loans are to be repaid from operations.; (i) Failure to obtain the information in this subparagraph (3)(d3)(f) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d3)(f) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and, (eg) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicable.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL EXCEPTIONS. (1) Within sixty (60) days, the Board shall obtain ensure the Bank obtains current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (2) Within sixty (60) days, the Board shall ensure the Bank obtains proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination. (3) Effective immediatelyas of the date of this Agreement, the Bank may not grant, extend, renew, alter or restructure any loan relationship or other extension of credit equal to or exceeding five hundred thousand dollars ($500,000) only after: (a) documenting the specific reason or purpose for the extension of credit; (b) identifying, in writing, identifying the expected source of repaymentrepayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment; (d) obtaining using reasonable efforts to obtain and analyzing analyze current financial and satisfactory credit information, including information sufficient to make an informed decision regarding the repayment ability of the borrower to include detailed global cash flow analysis, where loans are to be repaid from operations. (i) Failure to obtain the information in this subparagraph (3)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify (in writing analysis and prior to actually undertaking any such granting, extension, renewal, alteration or restructure) the specific reasons why obtaining and analyzing the information in this subparagraph (3)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification and the identity and vote of every person who voted on, or abstaining from, the Bank's proposed action shall be maintained in the credit file of the affected borrower(s). The certification will be reviewed by this Office in subsequent examinations of the Bank; and,multi-variable stress testing on commercial real estate loans; (e) documenting, with adequate supporting material, the value of collateral and collateral; (f) properly perfecting the Bank's lien on lien, if applicable; and (g) ensuring the loan complies with the Bank's Loan Policy. (4) Failure to use reasonable efforts to obtain the information required pursuant to Paragraph (3) of this Article shall require a majority of the full Board (or a delegated committee consisting of at least two external directors) to certify in writing that it where applicablewas in the best interests of the Bank to nevertheless provide the extension of credit. The Board or its delegated committee shall also provide the specific reason(s) that the non-complying extension of credit is in the best interests of the Bank.

Appears in 1 contract

Samples: Banking Agreement (Trinity Capital Corp)

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