Common use of CREDIT AND COLLATERAL INFORMATION Clause in Contracts

CREDIT AND COLLATERAL INFORMATION. (1) Within one hundred twenty (120) days the Board shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information by the National Bank Examiners during the examination dated as of June 30, 2010. (2) The Bank shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans provided to management by the National Bank Examiners within ninety (90) days of receipt of such Report or listing. (3) The Bank shall, within ninety (90) days, ensure proper collateral documentation is maintained on all loans and correct each collateral exception identified by the National Bank Examiners during the examination dated as of June 30, 2010. (4) The Bank shall correct each collateral exception identified 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 within ninety (90) days of receipt of such Report or listing. (5) If the Bank is unable to obtain the credit information or collateral documentation required by paragraphs (1), (2), (3), or (4) of this Article within the established timeframes, the Bank shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (6) 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 the expected source of repayment 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 (6)(d) shall require a majority of the full Board (or a delegated committee thereof) to certify in writing the specific reasons why obtaining and analyzing the information in (6)(d) would be detrimental to the best interests of the Bank. (ii) A copy of the Board certification shall be maintained in the credit file of the affected borrower. 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: Regulatory Agreement

AutoNDA by SimpleDocs

CREDIT AND COLLATERAL INFORMATION. (1) Within one hundred twenty ninety (12090) days days, the Board shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information by the National Bank Examiners during the examination dated as of June 30, 2010. (2) The Bank shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information listed in any subsequent Report of Examinationthe XXX, in any internal or external loan review, or in any listings of loans provided to management by the National Bank Examiners within ninety (90) days of receipt of such Report or listing. (3) The Bank shall, within ninety (90) days, ensure proper collateral documentation is maintained on all loans and correct each collateral exception identified by the National Bank Examiners during the examination dated as of June 30, 2010. (4) The Bank shall correct each collateral exception identified 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 within at the conclusion of an examination. (2) Within ninety (90) days days, the Bank shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent Report of receipt Examination, in any internal or external loan review, or in any listings of loans lacking such Report or listinginformation provided to management by the National Bank Examiners at the conclusion of an examination. (53) If the Bank is unable to obtain the credit information or collateral documentation required by paragraphs (1), ) or (2), (3), or (4) of this Article within the established timeframesninety (90) days, the Bank shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (64) 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 the expected source of repayment in writing; (c) structuring the repayment terms to coincide with the expected source of repayment;; and (d) obtaining and analyzing current and satisfactory credit information, including cash flow analysis analysis, where loans are to be repaid from business operations;. (i5) Failure to obtain the information in required by paragraph (6)(d4)(d) of this Article shall require a majority of the full Board (or a delegated committee thereof) to certify in writing the specific reasons why obtaining and analyzing the information in required by paragraph (6)(d4)(d) would be detrimental to the best interests of the Bank. (ii) . A copy of the Board certification shall be maintained in the credit file of the affected borrower. borrower(s) and a centralized file for review by the Board, senior management and examiners. (6) The certification will be reviewed exception granted by paragraph (5) of this Office in subsequent examinations Article shall not apply to any loan or other extension of credit to an Insider as defined by 12 C.F.R. § 215.2(h). (7) The aggregate amount of loans certified under paragraph (5) of this Article shall not exceed 3% of the Bank; and’s total loans at the end of the previous calendar quarter. (e8) Beginning on October 31, 2008, and quarterly thereafter, a Credit and Collateral Information Progress Report approved by the Board shall be forwarded to the Assistant Deputy Comptroller detailing the actions taken to reduce the volume of credit and collateral information exceptions and the status of those actions. Charts that, at a minimum, depict comparisons of the volume of commercial credit and the volume of commercial collateral exceptions expressed as a percentage of outstanding commercial loans for all calendar quarters beginning June 30, 2008 shall be included in the report. (9) documentingThe Board shall ensure the Bank has policies, processes, personnel, and control systems to ensure compliance with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicablethis Article.

Appears in 1 contract

Samples: Banking Agreement

CREDIT AND COLLATERAL INFORMATION. (1) Within one hundred twenty ninety (12090) days days, the Board shall obtain ensure the Bank obtains and analyze analyzes current and satisfactory credit information and ensures proper collateral documentation is maintained, on all loans loans, leases, and other extensions of credit identified as lacking such information by in the National Bank Examiners during the examination Report of Examination dated as of June 30, 2010. (2) The Bank shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information , in any subsequent Report of Examination, in any internal or external loan credit review, or in any listings of loans provided to management by the National Bank Examiners within ninety (90) days of receipt of such Report or listing. (3) The Bank shall, within ninety (90) days, ensure proper collateral documentation is maintained on all loans and correct each collateral exception identified by the National Bank Examiners during the examination dated as of June 30, 2010. (4) The Bank shall correct each collateral exception identified 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 within ninety (90) days at the conclusion of receipt of such Report or listingan examination. (52) If despite prudent efforts the Bank is Board and management are unable to obtain the credit information or collateral documentation required by paragraphs paragraph (1), (2), (3), or (4) of this Article within the established timeframestime period proscribed, it shall not constitute a violation of this Article so long as the Bank shall Board and management document its their ongoing efforts to obtain such credit information or collateral documentation, and maintain the documentation of its record their efforts in the loan respective credit file. (63) 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 the expected source of repayment in writing; (c) structuring the repayment terms to coincide with the expected source of repaymentrepayment for the extension of credit; (d) obtaining and analyzing current and satisfactory credit information, including information to appropriately assess the borrower’s cash flow and current financial position, and where repayment is dependent in whole or in part on one or more guarantors, performing an analysis where loans are to be repaid from operations;of the guarantors’ current financial position and the guarantors’ and borrower’s global cash flow; and (ie) documenting the current value of collateral with adequate supporting material (and in compliance with 12 C.F.R. Part 34, Subpart C, where applicable), and documenting that the Bank’s security interest has been properly attached and recorded. (4) Failure to obtain the information in paragraph (6)(d3)(d) of this 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 the specific reasons why not obtaining and analyzing the information required in paragraph (6)(d3)(d) would not be detrimental to the best interests of the Bank. (ii) . A copy of the Board certification shall be maintained in the Bank’s credit file of the affected borrower. The certification will be reviewed respective borrower(s) 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 INFORMATION. (1) Within one hundred twenty ninety (12090) days days, the Board shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information by the National Bank Examiners during the examination dated as of June 30, 2010. (2) The Bank shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information listed in the Report of Examination for the examination which commenced on December 5, 2011 (“XXX”), in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any listings of loans provided to management by the National Bank Examiners within ninety (90) days of receipt of such Report or listing. (3) The Bank shall, within ninety (90) days, ensure proper collateral documentation is maintained on all loans and correct each collateral exception identified by the National Bank Examiners during the examination dated as of June 30, 2010. (4) The Bank shall correct each collateral exception identified in any subsequent Report of Examination, in any internal or external loan reviewbank monitoring report, or in any listings of loans lacking such information provided to management by the National Bank Examiners within at the conclusion of an examination. (2) Within ninety (90) days days, the Bank shall ensure proper collateral documentation is maintained on all loans and correct each collateral exception listed in the XXX, in any subsequent XXX, in any internal or external loan review, in any internal bank monitoring report, or in any listings of receipt loans lacking such information provided to management by the Bank Examiners at the conclusion of such Report or listingan examination. (53) If the Bank is unable to obtain the credit information or collateral documentation required by paragraphs Paragraphs (1), ) or (2), (3), or (4) of this Article within the established timeframesninety (90) days, the Bank shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (64) 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 the expected source of repayment 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 business operations;; and (ie) certifying in writing that the granting, renewal, altering or restructuring of any loan or other extension of credit is in the best interests of the Bank. (5) Failure to obtain the information in required by Paragraph (6)(d4)(d) of this Article shall require a majority of the full Board (or a delegated committee thereof) to certify in writing the specific reasons why obtaining and analyzing the information in required by Paragraph (6)(d4)(d) would be detrimental to the best interests of the Bank. (ii) . A copy of the Board Board’s certification shall be maintained in the credit file of the affected borrower. borrower(s) and a centralized file for review by the Board, senior management and Bank Examiners. (6) The certification will be reviewed exception granted by Paragraph (5) of this Office in subsequent examinations Article shall not apply to any loan or other extension of the Bank; and (e) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank's lien on it where applicablecredit to an insider as defined by 12 C.F.R. § 215.2(h).

Appears in 1 contract

Samples: Banking Compliance Agreement

AutoNDA by SimpleDocs

CREDIT AND COLLATERAL INFORMATION. (1) Within one hundred twenty ninety (12090) days days, the Board shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information by listed in the National Bank Examiners during the examination dated as of June 30ROE, 2010. (2) The Bank shall obtain and analyze current and satisfactory credit information on all loans identified as lacking such information in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans provided to management by the National Bank Examiners within ninety (90) days of receipt of such Report or listing. (3) The Bank shall, within ninety (90) days, ensure proper collateral documentation is maintained on all loans and correct each collateral exception identified by the National Bank Examiners during the examination dated as of June 30, 2010. (4) The Bank shall correct each collateral exception identified 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 within at the conclusion of an examination. (2) Within ninety (90) 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 receipt Examination, in any internal or external loan review, or in any listings of loans lacking such Report or listinginformation provided to management by the National Bank Examiners at the conclusion of an examination. (53) If the Bank Board is unable to obtain the credit information or collateral documentation required by paragraphs (1), ) or (2), (3), or (4) of this Article within the established timeframesninety (90) days, the Bank Board shall document its efforts to obtain such information or documentation, and maintain the documentation of its efforts in the loan file. (64) 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 the expected source of repayment 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; (ie) documenting, with adequate supporting material, the value of collateral and properly perfecting the Bank’s lien on it where applicable; and (f) for loans or other extensions of credit exceeding $100,000, completing a global analysis of the borrower’s current financial position, cash flow, and repayment ability. (5) Failure to obtain the information in required by paragraph (6)(d4)(d) of this Article shall require a majority of the full Board (or a delegated committee thereof) to certify in writing the specific reasons why obtaining and analyzing the information in required by paragraph (6)(d4)(d) would be detrimental to the best interests of the Bank. (ii) . A copy of the Board certification shall be maintained in the credit file of the affected borrower. The certification will be reviewed borrower(s) and a centralized file for review by this Office in subsequent examinations of the Bank; and (e) documentingBoard, with adequate supporting material, the value of collateral senior management and properly perfecting the Bank's lien on it where applicableexaminers.

Appears in 1 contract

Samples: Banking Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!