Common use of CRITICIZED ASSETS Clause in Contracts

CRITICIZED ASSETS. (1) The Association shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the Association; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement, Banking Agreement (Beacon Federal Bancorp, Inc.)

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CRITICIZED ASSETS. (1) The Association Bank shall take immediate prompt and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention.” This program " shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishmentaccomplishments. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has satisfactory processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions extensions, or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is are met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending extending, or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement, Banking Agreement (Patriot National Bancorp Inc)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those all assets criticized in the XXX, including any asset criticized in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty forty-five (6045) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXLetter, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operationsoperations or guarantors; and, (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXLetter, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement, Agreement Between Citrus Bank and the Office of the Comptroller of the Currency (Cib Marine Bancshares Inc)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the March 31, 2008 Report of Examination (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding $500,000 shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000)500,000; (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) 500,000 only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement, Banking Agreement (FNBH Bancorp Inc)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXReport of Examination, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXReport of Examination, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets or relationships with an aggregate outstanding balance equal to or exceeding One Hundred Fifty Thousand dollars ($150,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or asset, criticized portion thereof that equals thereof, or exceeds two hundred and fifty thousand relationships with an aggregate outstanding balance equal to or exceeding One Hundred Fifty Thousand dollars ($250,000150,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXReport of Examination, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand One Hundred Fifty Thousand dollars ($250,000150,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement (First West Virginia Bancorp Inc), Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adoptreview, implementrevise, and thereafter ensure Association Bank adherence to a its written program designed to eliminate the basis of criticism of criticized assets. The program shall address assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention.” This " An acceptable program shall includerequire the Bank to consider for each criticized asset, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoptionrevision, a copy of the program shall promptly be submitted to the Assistant Deputy Comptroller. Any subsequent modifications or additions to the program shall be forwarded to the Assistant Deputy ComptrollerComptroller within ten (10) days of such modification or addition. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review review, including status updates for each criticized asset or criticized portion thereof that equals or exceeds one million dollars ($1,000,000), shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in quarterly. The status updates shall follow a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) committee approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the documentation produced in accordance with the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower. (8) 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 2 contracts

Samples: Banking Agreement (Metrocorp Bancshares Inc), Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the root cause of the basis of criticism; (b) identification of the expected sources of repayment; (bc) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (cd) an analysis of the appropriateness of accrual status; (e) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and; (df) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment; (g) a decision on whether to retain and rehabilitate the credit or remove it from the bank, including consideration of alternative courses of actions such as loan modifications, restructurings, foreclosures, or auctions; (h) implementation of formal written workout plans for each commercial lending relationship and other real estate owned (OREO) properties in excess of three hundred and fifty thousand dollars ($350,000). The workout plans shall be updated on a quarterly basis; and (i) implementation of a formal written criticized asset reduction plan, in conjunction with the loan workout plans, that establishes goals for the reduction of criticized assets expressed in dollar terms and measured as a percentage of Tier One Capital plus Allowance for Loan and Lease Losses (ALLL), and includes rolling target dates of three, six, and nine month interval periods. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions exceed two three hundred and fifty thousand dollars ($250,000350,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 6) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement, Banking Agreement (Community Financial Corp /Va/)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of ExaminationXXX, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two seven hundred and fifty thousand dollars ($250,000750,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Compliance Agreement, Banking Agreement (Roma Financial Corp)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 2 contracts

Samples: Banking Agreement, Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized as "doubtful," "substandard," or "special mention" in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any at the conclusion of an examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any at the conclusion of an examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) . A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized criticized1 in the Report of Examination dated “as of” September 30, 2008 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” examination. This program shall include, at a minimum, with respect to each criticized asset: (a) an identification of the expected sources of repayment; (b) the appraised current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy ComptrollerComptroller (in a format similar to Appendix A, attached hereto). (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review conducted pursuant to paragraph (5) of this Article shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination examination, and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and 1 The term “criticized” as used in this Article is meant to refer to assets rated the equivalent of “doubtful,” “substandard,” or “special mention” as defined on pages 16-18 of the “Rating Credit Risk” booklet of the Comptroller’s Handbook. records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee obtained pursuant to Paragraph (6) of this Article shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of ExaminationXXX, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall includeinclude complete file documentation, including, at a minimum: (a) an identification of the expected sources and time frames of repayment; (b) the documented appraised value of supporting collateral and evidence of the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50M) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050M); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050M) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in any bank reports, in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the The Board shall immediately adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding $250 thousand shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000)250 thousand; (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty $250 thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will would not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. Within thirty (2) Within sixty (6030) days, the Board shall adopt, implement, and thereafter take all available measures to ensure Association the Bank adherence to to, a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” Examiners. This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (52) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (63) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix AI, attached hereto). (74) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interestoverdrafts, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending extending, or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 5) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to to, a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding twenty five thousand dollars ($25,000) shall be forwarded to the Assistant Deputy ComptrollerADC. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty twenty five thousand dollars ($250,00025,000); (ba) management’s 's adherence to the program adopted pursuant to this Article; (cb) the status and effectiveness of the written program; and, (dc) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller ADC on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty twenty five thousand dollars ($250,00025,000) only if each of the following conditions is are met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and, (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred and fifty thousand dollars ($ 250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($$ 250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($$ 250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit credit, including renewals, extensions or capitalization of accrued interest, is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000)thereof; (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty one hundred and twenty (60120) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding three hundred thousand dollars ($300,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000);or (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two three hundred and fifty thousand dollars ($250,000300,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized as "doubtful," "substandard," or "special mention" in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any at the conclusion of an examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any at the conclusion of an examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXComptroller’s Letter, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management the President of the Bank by the National Bank Examiners during any examination, which references this provision. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXComptroller’s Letter, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management the President of the Bank by the National Bank Examiners during any examination examination, as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations, overdraft history, and a search of public information for liens, judgments or other information that impacts the creditworthiness of the borrower; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Subsequent to the effective date of this Agreement, the Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose with one or more loans or other extensions of credit that are criticized as described in the XXX, in any subsequent Report Paragraph 1 of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination this Article and whose with aggregate loans or other extensions exceed two hundred and from the Bank exceeding fifty thousand dollars ($250,000) 50,000), only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) An additional extension of credit may be deemed to promote the best interests of the Bank if it protects the Bank’s interest in the collateral, enhances or preserves the Bank’s chances for collection, protects the Bank against further loss or provides financial or other assistance to the Bank. (9) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated March 31, 2008 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty forty-five (6045) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including verification of liquid assets, analysis of contingent liabilities, cash flow analysis where loans are to be repaid from operations, and specifically including analysis of Schedule K-1 forms for borrowers and guarantors who must file those forms with their federal tax returns; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding four hundred thousand dollars ($400,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two four hundred and fifty thousand dollars ($250,000400,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two four hundred and fifty thousand dollars ($250,000400,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall continue to take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000)thereof; (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the The Board shall adopt, implement, and thereafter ensure Association adherence that the Bank implements and adheres to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand one million dollars ($250,000), 1,000,000) and criticized as "doubtful," "substandard," or "special mention" in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” This examination. The Bank shall adopt the written program required by this Paragraph by the later date of sixty (60) days from the date of this Agreement or sixty (60) days from the time the item is so identified by the OCC or by any internal or external loan review. Programs may be adopted for individual assets or for one or more groups of substantially similar assets, and shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)monthly basis. (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding Two Hundred Fifty Thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand Two Hundred Fifty Thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand Two Hundred Fifty Thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (ai) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (bii) management’s 's adherence to the program adopted pursuant to this Article; (ciii) the status and effectiveness of the written program; and (div) the need to revise the program or take alternative action. (6) A copy of each review conducted according to paragraph (5) shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) : the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) and a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the any approval of the Board or of the designated committee described in paragraph (7) shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of for all assets equal to or exceeding two hundred and fifty twenty-five thousand dollars ($250,000), 25,000) that are criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the written program for all criticized assets shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty twenty-five thousand dollars ($250,00025,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty twenty-five thousand dollars ($250,00025,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated October 28, 2009 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification and validation of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable, including the identification of any change in the collateral’s use or purpose; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and, (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000) 500,000), only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) committee approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the any XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, adopt and thereafter ensure Association adherence to implement a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXXXX as "doubtful", in any subsequent Report of Examination"substandard", or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” "other assets especially mentioned". This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, personnel and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals is equal to or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal XXX or external loan review, or in any list provided to management by the National Bank Examiners during any examination Loan Review and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is are met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, records in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the Board's approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($ 50,000) shall be forwarded to the Assistant Deputy ComptrollerADC. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000$ 50,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) . A copy of each review shall be forwarded to the Assistant Deputy Comptroller ADC on a quarterly basis (in a format similar to Appendix A, attached hereto). (75) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000$ 50,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) . A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Termination Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination (XXX), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any an internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and; (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment; and (e) a detailed written workout plan, updated quarterly, for each criticized asset equal to exceeding two hundred fifty thousand dollars ($250,000). (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interestrenewals and extensions, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions are equal to or exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXmost recent Report of Examination ("ROE"), in any subsequent Report of ExaminationROE, by internal or external loan review, or xx in any list provided to xx management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXmost recent Report of Examination ("ROE"), in any subsequent Report of ExaminationROE, or by any internal or external loan reviewrxxxew, or in any list provided proxxxed to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXmost recent Report of Examination ("ROE"), in any subsequent Report of Examination, in any internal or external exxxrnal loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is are met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower. (8) The Board shall develop and implement a written strategy designed to ensure that the Bank's high level of Other Real Estate Owned ("OREO") is reduced to manageable levels. (9) Upon adoption, the Board shall submit a copy of the plans to the Assistant Deputy Comptroller. (10) 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: Agreement (Cornerstone Bancorp/Sc)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets, including repossessed property, equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committeeCompliance Committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and that equals to or exceeds fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee Compliance Committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) Compliance Committee approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee Compliance Committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) daysBy May 31, 2001, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), each asset criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($ 50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized1 in the Report of Examination dated “as of” September 30, 2008 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any OCC correspondence. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Bank adherence to a written program designed to eliminate the basis of criticism of assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” OCC correspondence. This program shall include, at a minimum, with respect to each criticized asset: 1 The term “criticized” as used in this Article is meant to refer to assets rated the equivalent of “doubtful,” “substandard,” or “special mention” as defined in the “Rating Credit Risk” booklet of the Comptroller’s Handbook. (a) an identification of the expected sources of repayment; (b) the appraised current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy ComptrollerComptroller (in a format similar to Appendix A, attached hereto). (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review conducted pursuant to paragraph (4) of this Article shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination OCC correspondence and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee obtained pursuant to paragraph (6) of this Article shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or any credit relationship exceeding two hundred and fifty thousand dollars ($250,000), 50,000) and criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) the Board’s decision to implement an identification of exit strategy or a strategy to continue to work to rehabilitate the expected sources of repaymentcredit; (b) the appraised value of supporting collateral and the position of the Association’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment; (c) an identification of the expected source(s) of repayment; (d) an analysis of current and satisfactory credit information, and; (e) the appraised value of supporting collateral and the position of the Bank's lien on such collateral, where applicable. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (54) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to maintained in a central location available for review by the Assistant Deputy Comptroller on a quarterly basis (OCC upon request in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXXXX dated March 31, 2008, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXXXX dated March 31, 2008, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred fifty thousand dollars ($150,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000150,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6e) A a copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, renewals or extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXXXX dated March 31, 2008, or in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000150,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, renewing or extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower. (8) Within sixty (60) days, the Board shall develop, implement, and thereafter ensure Bank adherence to systems which provide for effective monitoring of: (a) early problem loan identification to assure the timely identification and rating of loans and leases based on lending officer submissions; (b) statistical records that will serve as a basis for identifying sources of problem loans and leases by industry, size, collateral, division, group, indirect dealer, and individual lending officer; (c) previously charged-off assets and their recovery potential; and (d) adequacy of credit and collateral documentation. (9) Beginning September 30, 2008, on a monthly basis management will provide the Board with written reports including, at a minimum, the following information: (a) the identification, type, rating, and amount of problem loans and leases; (b) the identification and amount of delinquent loans and leases; and (c) the identity of the loan officer who originated each loan reported in accordance with subparagraphs (a) and (b) of this Article and Paragraph;

Appears in 1 contract

Samples: Banking Compliance Agreement (Abigail Adams National Bancorp Inc)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the 2009 XXX, the 2010 XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) daysdays of the date of this Agreement, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the 2009 XXX, the 2010 XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where as applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where when loans are to be repaid from operations; and, (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets, including total borrower exposures equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion (including total borrower exposures) thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions exceed are equal to or exceeding two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan reviewreview (including those performed or agreed to by Bank directors, officers or employees), or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and, (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and, (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and, (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Compliance Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value an appropriate valuation of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and; (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment; (e) quarterly targets and strategies to reduce the level of non-performing assets; and (f) detailed written workout plans for all criticized asset relationships equal to or exceeding five hundred thousand dollars ($500,000). (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions equal or exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Agreement by and Between Harrington Bank and the Comptroller of the Currency

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXmost recent Report of Examination, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXmost recent Report of Examination, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXmost recent Report of Examination, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination (“XXX”), in any subsequent Report of ExaminationXXX, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationExaminers. (2) Within sixty seventy-five (6075) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred and fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated November 1, 2004 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program criticized asset report (in a format similar to Appendix A, attached hereto) for all criticized assets equal to or exceeding one-hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one-hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one-hundred and fifty thousand dollars ($250,000) 100,000), only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee pursuant to paragraph (6) above shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Compliance Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationExaminers. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard.” ," or "special mention" for all loans exceeding $100,000. This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a A copy of the Board's program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded 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. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly monthly basis (in a format similar to Appendix A, A attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) daysNo later than October 31, 2011, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding Two Hundred Fifty Thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand Two Hundred Fifty Thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand Two Hundred Fifty Thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXLetter, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXLetter, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXLetter, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of ExaminationXXX, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) daysdays of the date of this Agreement, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of ExaminationXXX, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral collateral, and the position of the Association’s Bank's lien on such collateral collateral, where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding seventy-five thousand dollars ($75,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty seventy-five thousand dollars ($250,00075,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, A attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty seventy-five thousand dollars ($250,00075,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending extending, or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower. (8) 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

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXXXX and the Letter, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationExaminers. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of ExaminationXXX and the Letter, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and, (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy ComptrollerADC for review and prior written determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the ADC, the Bank shall implement and adhere to the program. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and, (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller ADC on a quarterly basis (in a format similar to Appendix AOne, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of ExaminationXXX and the Letter, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and, (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the 2011 OCC Report of Examination (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationOCC. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXROE, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination OCC as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly quarterly) basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination OCC and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower. (8) The Board shall, within sixty (60) days, develop, implement, and thereafter ensure Bank adherence to a written program to improve the Bank's on-going loan portfolio management. The program shall include, but not be limited to: (a) procedures to ensure that extensions of credit are granted, by renewal or otherwise, to any borrower only after obtaining and analyzing current and satisfactory credit information; (b) procedures to ensure conformance with loan approval requirements; (c) policies and procedures that ensure on-going and periodic financial and collateral monitoring of large or complex loans and credit relationships, including commercial credits over two hundred fifty thousand dollars ($250,000) that require either (i) repayment from cash flows or (ii) guarantor support.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) 90 days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review according to paragraph (5) shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame timeframe for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly monthly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, records in writing, writing why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated as of June 30, 2009 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program individual workout plans designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention.” This program " Each workout plan shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including a global cash flow analysis where loans are to be repaid from operationsof the borrower’s repayment ability; and (d) the proposed action actions designed to eliminate the basis of criticism of and protect the time frame bank’s interest in the asset, including timeframes for its accomplishmentimplementing and evaluating the effectiveness of those actions. (3) Upon adoption, a copy of the program workout plans for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program workout plans adopted pursuant to this Article; (c) the status and effectiveness of the written programplans; and (d) the need to revise the program plans or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions renewals or capitalization of accrued interestextensions, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program plans adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (7) The requirements of paragraph (6) of this Article shall not apply to advances under a line of credit that was approved in accordance with paragraph (6) or before the effective date of this Agreement. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty The Board shall cause to be adopted and implemented, within ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy ComptrollerDirector. (4) The Board shall ensure that cause the Association has Bank to have the processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller Director on a quarterly monthly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination (‘XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to maintained at the Assistant Deputy ComptrollerBank. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of ExaminationXXX, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of ExaminationXXX, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding seventy five thousand dollars ($75,000) shall be forwarded to the Assistant Deputy ComptrollerADC. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller ADC on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050 thousand) only if each of the following conditions is are met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

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CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the October 31, 2011 Report of Examination (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding three hundred and fifty thousand dollars ($350,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two three hundred and fifty thousand dollars ($250,000350,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two three hundred and fifty thousand dollars ($250,000350,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Supervisory Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised; (c) upon receipt of current financial information (e.g. balance sheet, income statement, tax filings, 10-Ks, 10-Qs, partnership statements) sufficient to fully assess repayment capacity based on actual operations, sales, asset disposition, or other appropriate cash flow information relevant to the intended primary repayment source as well similar information to support financial capacity of obligors/guarantors relied on to support repayment, including analysis of contingent liabilities sufficient to prepare a global cash flow analysis; and (d) upon completion of a global cash flow analysis encompassing direct and contingent liabilities based on expected debt service requirements and reflective of such likely legal or tax obligations reasonably expected to impact project or guarantor performance capacity. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated September 30, 2007 (XXX), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program individual workout plans designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention.” This program " Each workout plan shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised revalidation and/or current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program workout plans for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, committee shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program workout plans adopted pursuant to this Article; (c) the status and effectiveness of the written programplans; and (d) the need to revise the program plans or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program plans adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred and fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Effective as of the date of this Agreement, the Board shall take immediate any and continuing action all actions necessary to protect its interest in those assets criticized as “doubtful,” “substandard,” or “special mention” in the XXXRXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) daysdays of this Agreement, the Board shall adoptprepare and submit to the Assistant Deputy Comptroller for a prior written determination of no supervisory objection, implement, and thereafter ensure Association adherence to a written program designed to eliminate reduce the basis level of criticism of the Bank’s criticized assets equal to (the “Criticized Assets Program”). The Criticized Assets Program shall include or exceeding two hundred and fifty thousand dollars ($250,000), criticized in address the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” This program shall include, at a minimumfollowing matters: (a) an Aggregate reporting of criticized asset levels by risk rating and product type to the Board or a designated committee thereof every month, including reports on classified and charged off overdrafts; (b) Specific plans for the reduction of criticized assets by risk rating and asset type with target reductions by month; and (c) Procedures for the quarterly review and preparation of written determinations by the Board or a designated committee thereof regarding the effectiveness of the responsible officer’s efforts to eliminate the weaknesses in each criticized credit relationship or Other Real Estate (“ORE”) totaling five hundred thousand dollars ($500,000) or above. (3) The Board’s compliance with Paragraph (2) of this Article shall include the development of procedures for the quarterly submission and review of criticized asset reports (“CARs”) for all criticized credit relationships and ORE totaling five hundred thousand dollars ($500,000) or above, that require, at a minimum, analysis and documentation of the following: (a) An identification of the root cause of the problem; (b) An identification of the expected sources of repaymentrepayment and an analysis of their adequacy; (bc) the The current appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicableapplicable as well as other necessary documentation to support the collateral valuation; (cd) an An analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and. Also, included in this analysis shall be the extent, duration and amount of overdrafts, if any. Additionally, the working capital and revolving lines of credit that are secured by accounts receivable or inventory shall discuss the loan’s revolving history, as well as the aging of AR and AP; (de) the The proposed action actions to eliminate the basis of criticism and the time frame for its their accomplishment., including an appropriate rehabilitation or exit strategy; (3f) Upon adoptionThe results of any ASC 310-10 impairment analysis; (g) Significant developments, including a copy discussion of changes since the prior CAR, if any; (h) Trigger dates for positive borrower actions or for loan officers to reassess the strategy, enact collection plans, and make appropriate risk rating changes or place on nonaccrual; and (i) Documentation of the program shall be forwarded analysis and reasoning to support the Assistant Deputy Comptrollercurrent risk rating. (4) The Upon receiving a written determination of no supervisory objection from the Assistant Deputy Comptroller, the Board shall immediately implement and thereafter ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to required by this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness Effective as of the written program; and (d) date of this Agreement, the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may not extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, or overdrafts, to a borrower whose loans or other extensions of credit are criticized in the XXXReport of Examination conducted as of September 30, 2010 for asset quality and credit risk management, and surrounding dates for other examination matters (the “RXX”), in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions equal or exceed two five hundred and fifty thousand dollars ($250,000) only if 500,000), unless each of the following conditions is met: (a) the The Board or a designated committee thereof finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or a designated committee) committee thereof approves the credit extension and records, documents in writing, why the reasons that such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the The Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Compliance Agreement (Chino Commercial Bancorp)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of ExaminationXXX, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) daysdays of the date of this Agreement, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of ExaminationXXX, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral collateral, and the position of the Association’s Bank's lien on such collateral collateral, where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly monthly basis (in a format similar to Appendix A, A attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of ExaminationXXX, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending extending, or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower. (8) The Board shall be responsible for the Bank having the processes, personnel, and control systems in place necessary to implement and adhere to the program and systems developed pursuant to this Article.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000)criticized, criticized including participations purchased, in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to the Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions of credit exceed two hundred and fifty thousand dollars ($250,000) ), only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) committee approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall continue to take immediate and continuing timely action to protect its interest in those assets criticized (those listed as “special mention,” “substandard,” or “doubtful”) in the XXXRXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the The Board shall adopt, implement, and thereafter continue to implement its action plans to ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXRXX, in any subsequent Report of ExaminationExamination or OCC correspondence, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” . This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value a current appraisal or evaluation as appropriate of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; (d) the appropriate loan history and related debt information; (e) the appropriate support for the loan grade; and (df) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two seven hundred and fifty thousand dollars ($250,000750,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (74) The Association Bank may not extend credit, directly or indirectly, including renewals, extensions renewals or capitalization of accrued interestextensions, to a borrower whose loans or other extensions of credit are criticized in the XXXRXX, in any subsequent Report of ExaminationExamination or OCC correspondence, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two seven hundred and fifty thousand dollars ($250,000) only if 750,000), unless the Board certifies in writing that each of the following conditions is met: (a) the Board extension or designated committee finds that the extension of additional credit renewal is necessary to promote the best interests of the Association and Bank; (b) the Board has documented the reason(s) that prior to renewing, extending the extension or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension renewal is necessary to promote the best interests of the AssociationBank; and (bc) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised.; (8) 5) A copy of the approval written certification required by paragraph (4) of the Board or of the designated committee this article shall be maintained in the credit file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement (Trinity Capital Corp)

CRITICIZED ASSETS. (1( 1 ) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2( 2 ) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3( 1 ) Upon adoption, a copy of the program shall be forwarded for all criticized assets equal to the Assistant Deputy Comptroller.or exceeding one hundred (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5( 2 ) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000 ); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7( 3 ) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000$ 100,000 ) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) ( 4 ) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations. The written analysis required by Article V of this Agreement may be attached to the program in lieu of completing a separate analysis, provided the written analysis addresses the most up-to-date information available at the time the program is developed; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review required under Paragraph (4) of this Article shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding three hundred thousand dollars ($300,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two three hundred and fifty thousand dollars ($250,000300,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two three hundred and fifty thousand dollars ($250,000300 thousand) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement (Independence Bancshares, Inc.)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy ComptrollerADC. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller ADC on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated October 26, 2009 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) . A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly monthly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter take action to ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two one hundred and fifty thousand dollars ($250,000), 100,000) criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a written review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) daysBy February 29, 2004 the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), 50,000) criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000)thereof; (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated as of March 31, 2012 (XXX), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding One Hundred Thousand Dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars One Hundred Thousand Dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Effective immediately, the Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars One Hundred Thousand Dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized criticized1 in the Report of Examination dated April 30, 2012 (“XXX”), in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners Office of the Comptroller of the Currency (“OCC”) during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment;; 1 The term “criticized” as used in this Article refers to assets rated the equivalent of “doubtful,” “substandard,” or “special mention” as defined in the “Rating Credit Risk” booklet, A-RCR, of the Comptroller’s Handbook. (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (32) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (53) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (64) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (75) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners OCC during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 6) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXmost recent Report of Examination, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXmost recent Report of Examination, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXmost recent Report of Examination, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement (Pelican Financial Inc)

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXReport of Examination, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXReport of Examination, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000.00) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000.00); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXXReport of Examination, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000.00) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Effective as of the date of this Agreement, the Board shall take immediate any and continuing action all actions necessary to protect its interest in those assets criticized as “doubtful,” “substandard,” or “special mention” in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) daysdays of this Agreement, the Board shall adoptprepare and submit to the Assistant Deputy Comptroller for a prior written determination of no supervisory objection, implement, and thereafter ensure Association adherence to a written program designed to eliminate reduce the basis level of criticism of the Bank’s criticized assets equal to (the “Criticized Assets Program”). The Criticized Assets Program shall include or exceeding two hundred and fifty thousand dollars ($250,000), criticized in address the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard.” This program shall include, at a minimumfollowing matters: (a) an Aggregate reporting of criticized asset levels by risk rating and product type to the Board or a designated committee thereof every month, including reports on classified and charged off overdrafts; (b) Specific plans for the reduction of criticized assets by risk rating and asset type with target reductions by month; and (c) Procedures for the quarterly review and preparation of written determinations by the Board or a designated committee thereof regarding the effectiveness of the responsible officer’s efforts to eliminate the weaknesses in each criticized credit relationship or Other Real Estate (“ORE”) totaling five hundred thousand dollars ($500,000) or above. (3) The Board’s compliance with Paragraph (2) of this Article shall include the development of procedures for the quarterly submission and review of criticized asset reports (“CARs”) for all criticized credit relationships and ORE totaling five hundred thousand dollars ($500,000) or above, that require, at a minimum, analysis and documentation of the following: (a) An identification of the root cause of the problem; (b) An identification of the expected sources of repaymentrepayment and an analysis of their adequacy; (bc) the The current appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicableapplicable as well as other necessary documentation to support the collateral valuation; (cd) an An analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and. Also, included in this analysis shall be the extent, duration and amount of overdrafts, if any. Additionally, the working capital and revolving lines of credit that are secured by accounts receivable or inventory shall discuss the loan’s revolving history, as well as the aging of AR and AP; (de) the The proposed action actions to eliminate the basis of criticism and the time frame for its their accomplishment., including an appropriate rehabilitation or exit strategy; (3f) Upon adoptionThe results of any ASC 310-10 impairment analysis; (g) Significant developments, including a copy discussion of changes since the prior CAR, if any; (h) Trigger dates for positive borrower actions or for loan officers to reassess the strategy, enact collection plans, and make appropriate risk rating changes or place on nonaccrual; and (i) Documentation of the program shall be forwarded analysis and reasoning to support the Assistant Deputy Comptrollercurrent risk rating. (4) The Upon receiving a written determination of no supervisory objection from the Assistant Deputy Comptroller, the Board shall immediately implement and thereafter ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to required by this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness Effective as of the written program; and (d) date of this Agreement, the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may not extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, or overdrafts, to a borrower whose loans or other extensions of credit are criticized in the Report of Examination conducted as of September 30, 2010 for asset quality and credit risk management, and surrounding dates for other examination matters (the “XXX”), in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions equal or exceed two five hundred and fifty thousand dollars ($250,000) only if 500,000), unless each of the following conditions is met: (a) the The Board or a designated committee thereof finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or a designated committee) committee thereof approves the credit extension and records, documents in writing, why the reasons that such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the The Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination (“XXX”) dated March 31, 2009, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding three hundred fifty thousand dollars ($350,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two three hundred and fifty thousand dollars ($250,000350,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review conducted pursuant to Paragraph (5) of this Article shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two three hundred and fifty thousand dollars ($250,000350,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee obtained pursuant to Paragraph (7) of this Article shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan reviewassets, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000)portion thereof, criticized in the XXX, in any subsequent Report of Examination, or by in any internal or external loan credit review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful” “substandard(Criticized Assets). (2) The Board shall cause to be developed and implemented within sixty (60) days a written program designed to eliminate the basis of criticism of each Criticized Asset. This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans or investments are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame timeframe for its accomplishment. (3) Upon adoption, a copy of the program for each Criticized Asset equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy ComptrollerDirector for review. (4) The Board shall ensure that At least monthly, the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a Board-designated committee, shall conduct a review, on at least a quarterly basis, review to determine: (a) the status of each criticized asset Criticized Asset, or criticized portion thereof thereof, that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller Director on a quarterly basis (in a format similar to Appendix A, attached hereto)monthly basis. (76) The Association may Bank shall not extend credit, directly or indirectly, including renewals, extensions extensions, or capitalization of accrued interest, to an obligor of a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if Criticized Asset unless each of the following conditions is met: (a) the Board or Board-designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank, and that prior to renewing, extending any additional credit, or capitalizing any additional creditaccrued interest, a majority of the full Board (or designated committee) committee approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the Board or Board-designated committee finds in writing that the additional extension of credit or capitalization of accrued interest will not compromise the Bank’s written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromisedCriticized Asset. (8) 7) A copy of the approval of the Board or of the Board-designated committee shall be maintained in the file of the affected borrowerobligor.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationExaminers. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association adherence to maintain a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of ExaminationXXX, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall continue to conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the The Board shall adopt, implement, and thereafter continue to ensure Association Bank adherence to a written your program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, include at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (54) The Board, or a designated committee, shall conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National national Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests interest of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests interest of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated December 31, 2007 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program individual workout plans designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention.” This program " Each workout plan shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including a global cash flow analysis where loans are to be repaid from operationsof the borrower’s repayment ability; and (d) the proposed action primary and secondary actions to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program workout plans for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program workout plans adopted pursuant to this Article; (c) the status and effectiveness of the written programplans; and (d) the need to revise the program plans or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program plans adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXXROE, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and; (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment; (e) quarterly targets and strategies to reduce the level of non-performing assets; and (f) detailed written workout plans for all criticized asset relationships equal to or exceeding five hundred thousand dollars ($500,000). (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions equal or exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Agreement by and Between Harrington Bank and the Comptroller of the Currency

CRITICIZED ASSETS. (1) The Association shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination as “doubtful,” “substandard,” or “special mention.” This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred and fifty thousand dollars ($150,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000150,000); (b) management’s adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Comptroller’s Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000150,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the Association; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Compliance Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one million dollars ($1,000,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand one million dollars ($250,0001,000,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination, dated September 30, 2011 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners Comptroller during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners Comptroller during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners Comptroller during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) ), only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the Report of Examination dated September 21, 2009 (“XXX”), in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty thirty (6030) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program individual workout plans designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised current value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action actions designed to eliminate the basis of criticism of and protect the time frame Bank’s interest in the asset, including timeframes for its accomplishmentimplementing and evaluating the effectiveness of those actions. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred thousand dollars ($100,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two one hundred and fifty thousand dollars ($250,000100,000); (b) management’s 's adherence to the program workout plans adopted pursuant to this Article; (c) the status and effectiveness of the written programworkout plans; and (d) the need to revise the program workout plans or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program workout plans adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy 7) Copies of the approval approvals and comparisons of the Board or of the designated committee obtained pursuant to Paragraph (6) of this Article shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners OCC’s examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners OCC’s examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding one hundred and fifty thousand dollars ($150,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners OCC’s examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the Association; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000 ); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two five hundred and fifty thousand dollars ($250,000500,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty ninety (6090) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets equal to or exceeding fifty thousand dollars ($50,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall continue to take immediate and continuing action to protect its interest in those assets criticized in the XXXReport of Examination, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall continue to adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXXReport of Examination, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the AssociationBank’s lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program for all criticized assets shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000)portion; (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto)basis. (7) The Association may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the Association; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a an updated written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This updated program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the updated program for all criticized assets equal to or exceeding two hundred fifty thousand dollars ($250,000) shall be forwarded to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the updated program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two one hundred and fifty thousand dollars ($250,000100,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationExaminers. (2) Within sixty (60) days, the Board shall adopt, implement, and thereafter ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall includerequire the Bank to consider for each criticized asset, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, a copy of the program shall promptly be submitted to the Assistant Deputy Comptroller. Any subsequent modifications or additions to the program shall be forwarded to the Assistant Deputy ComptrollerComptroller within thirty (30) days of such modification or addition. (4) The Board shall ensure that the Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall conduct a review, on at least a quarterly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two hundred and fifty thousand dollars ($250,00050,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (65) A copy of each review review, including status updates for each criticized asset or criticized portion thereof that equals or exceeds fifty thousand dollars ($50,000), shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in quarterly. The status updates shall follow a format similar to Appendix A, attached hereto). (76) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand dollars ($250,00050,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) committee approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the documentation produced in accordance with the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) 7) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Compliance Agreement

CRITICIZED ASSETS. (1) The Association Bank shall take immediate and continuing action to protect its interest in those assets criticized in the XXX, in any subsequent Report of Examination, by internal or external loan review, or in any list provided to management by the National Bank Examiners during any examinationExaminers. (2) Within sixty (60) days, the The Board shall adopt, implement, and thereafter continue to ensure Association Bank adherence to a written program designed to eliminate the basis of criticism of assets equal to or exceeding two hundred and fifty thousand dollars ($250,000), criticized in the XXX, in any subsequent Report of Examination, or by any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination as "doubtful” “," "substandard," or "special mention." This program shall include, at a minimum: (a) an identification of the expected sources of repayment; (b) the appraised value of supporting collateral and the position of the Association’s Bank's lien on such collateral where applicable; (c) an analysis of current and satisfactory credit information, including cash flow analysis where loans are to be repaid from operations; and (d) the proposed action to eliminate the basis of criticism and the time frame for its accomplishment. (3) Upon adoption, The Bank shall provide a copy of the program shall be forwarded for all criticized assets equal to or exceeding five hundred thousand dollars ($500,000) to the Assistant Deputy Comptroller. (4) The Board shall ensure that the Association Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (5) The Board, or a designated committee, shall continue to conduct a review, on at least a quarterly monthly basis, to determine: (a) the status of each criticized asset or criticized portion thereof that equals or exceeds two five hundred and fifty thousand dollars ($250,000500,000); (b) management’s 's adherence to the program adopted pursuant to this Article; (c) the status and effectiveness of the written program; and (d) the need to revise the program or take alternative action. (6) A copy of each review shall be forwarded to the Assistant Deputy Comptroller on a quarterly basis (in a format similar to Appendix A, attached hereto). (7) The Association Bank may extend credit, directly or indirectly, including renewals, extensions or capitalization of accrued interest, to a borrower whose loans or other extensions of credit are criticized in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any list provided to management by the National Bank Examiners during any examination and whose aggregate loans or other extensions exceed two hundred and fifty thousand one million dollars ($250,0001,000,000) only if each of the following conditions is met: (a) the Board or designated committee finds that the extension of additional credit is necessary to promote the best interests of the Association Bank and that prior to renewing, extending or capitalizing any additional credit, a majority of the full Board (or designated committee) approves the credit extension and records, in writing, why such extension is necessary to promote the best interests of the AssociationBank; and (b) a comparison to the written program adopted pursuant to this Article shows that the Board’s 's formal plan to collect or strengthen the criticized asset will not be compromised. (8) A copy of the approval of the Board or of the designated committee shall be maintained in the file of the affected borrower.

Appears in 1 contract

Samples: Banking Agreement

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