Common use of Deposit Liabilities Clause in Contracts

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s obligations and duties relating to the Deposit Liabilities attributable to the Offices. The term “Deposit Liabilities” means all of SELLER’s obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits of SELLER employees who are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliates. The deposit accounts referred to in the immediately preceding sentence (the “Deposit Accounts”) include, without limitation, passbook, statement savings, checking, Money Market and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s objection or failure to accept BUYER as successor. The “obligations, duties and liabilities” referred to in the definition of Deposit Liabilities include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s BANK ONE's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s BANK ONE's obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accounts, accounts and (ii) deposit accounts securing any loan of SELLER BANK ONE which is not an Office Loan, for which BUYER CNB assumes no liability, (iii) deposits which, as reflected on the books of SELLER employees who BANK ONE as of the close of business on the Closing Date, are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesattributable to the Offices. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “"Deposit Accounts”") include, without limitation, passbook, statement savingspassbook accounts, checking, Money Market and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER BANK ONE has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection to or failure to accept BUYER CNB as successorsuccessor custodian ("IRA's") and certificates of deposit. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for post-closing periods following the Closing Date including, without limitation, IRS Form 1099 reports 1099's, relating to the Deposit Accounts Accounts. With regard to be filed each XXX included within the Deposit Accounts, CNB shall also assume the plan pertaining thereto and provided after the Closing Date relating to interest accrued after the Closing Date;trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s BANK ONE's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s BANK ONE's obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accounts, accounts and (ii) deposit accounts securing any loan of SELLER BANK ONE which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits which, as reflected on the books of SELLER employees who BANK ONE as of the close of business on the Closing Date, are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesattributable to the Offices. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “"Deposit Accounts”") include, without limitation, passbook, statement savings, checking, Money Market Market, and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER BANK ONE has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successorsuccessor custodian ("IRA's") and certificates of deposit. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating Date. With regard to interest accrued after each XXX included within the Closing Date;Deposit Accounts, BUYER shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s 's obligations and duties relating to the Deposit Liabilities attributable to the Offices. The term “"Deposit Liabilities” " means all of SELLER’s 's obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits of SELLER employees who are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliates. The deposit accounts referred to in the immediately preceding sentence (the “"Deposit Accounts”") include, without limitation, passbook, statement savings, checking, Money Market and NOW accounts, certificates of deposit and Individual Retirement Accounts (“"IRAs”") for which SELLER has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successor. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s Seller's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s Seller's obligations, duties and liabilities of every type and character relating to all deposit accounts which, as reflected on the books of Seller as of the close of business on the Closing Date, are attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) Branches, other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER Seller which is not an Office a Branch Loan, for which BUYER Buyer assumes no liability, (iii) deposits of SELLER employees who are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliates. The deposit accounts referred to in the immediately preceding sentence (herein the “"Deposit Accounts”") include, without limitation, passbook, statement savings, checking, Money Market money market, and NOW accounts, individual retirement accounts ("IRA's"), and certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s objection or failure to accept BUYER as successordeposit. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date and to be filed or reported after the Closing Date including, without limitation, IRS Form 1099 reporting, reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;. With regard to each IRA included within the Deposit Accounts, Buyer shall also axxxme the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s BANK ONE's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s BANK ONE's obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accountsKEOGX xxxounts, (ii) deposit accounts securing any loan of SELLER BANK ONE which is not an Office Loan, for which BUYER Premier assumes no liability, which, as reflected on the books of BANK ONE as of the close of business on the Closing Date, are attributable to the Offices, and (iii) public funds deposits of SELLER employees who are not Transferred Employees (and deposits associated with certain commercial relationships which BANK ONE elects, at its sole discretion, to retain as defined below), and (iv) deposits of current directors of SELLER and its affiliates. listed in Schedule R. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “"Deposit Accounts”") include, without limitation, passbook, statement savingspassbook accounts, checking, Money Market and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER BANK ONE has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER Premier as successorsuccessor custodian ("IRA's") and certificates of deposit. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for post-closing periods following the Closing Date including, without limitation, IRS Form 1099 reports 1099's, relating to the Deposit Accounts Accounts. With regard to be filed each IRA included within the Deposit Accounts, Premier shall also assume the plan pertaining thereto and provided after the Closing Date relating to interest accrued after the Closing Date;trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s obligations and duties relating to the Deposit Liabilities attributable to the Offices. The term “Deposit Liabilities” means all of SELLERSeller’s obligations, duties and liabilities of every type and character relating to all deposit accounts attributable the Deposit Liabilities, provided however, Seller shall have the obligations, duties and liabilities relating to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER Deposit Liabilities up to BUYER as of the date of this Agreement) other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits of SELLER employees who are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliates. The deposit accounts referred to in the immediately preceding sentence (the “Deposit Accounts”) include, without limitation, passbook, statement savings, checking, Money Market and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER has not received, on or before including the Closing Date, the written advice from the account holder of such account holder’s objection or failure to accept BUYER as successor. The “obligations, duties and liabilities” referred to in the definition of Deposit Liabilities include, without limitation, immediately preceding sentence include the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law Law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply and file all applicable reporting forms for periods following the Closing Date includingforms, without limitationincluding IRS Forms 945, IRS Form 1098 and 1099 and other informational tax reports and reports relating to the Deposit Accounts relating to be filed interest paid by the Seller relating to interest paid up to and provided after including the Closing Date and relating to the Buyer relating to interest accrued paid for periods after the Closing Date;. With regard to each IRA included within the Deposit Accounts, Buyer shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith. For purposes of this Agreement, the Deposit Liabilities transferred at the Closing shall include, and Buyer shall assume liability for, any interest or earnings accrued but not credited on or to the Deposit Liabilities as of the Effective Time and due after the Closing Date. Contemporaneously with the delivery of the Preliminary Settlement Statement, Seller shall provide Buyer with notice of and details concerning all Deposit Accounts that are overdrawn and Buyer shall be entitled to accept or reject such overdrafts in its sole discretion by written notice delivered to Seller not later than five (5) Business Days prior to the Closing Date. Any such overdrafts rejected by Buyer shall be deemed an Excluded Loan under the terms of this Agreement and shall be retained by Seller.

Deposit Liabilities. Assume and thereafter discharge, pay in full and timely perform all of SELLERVISION’s obligations and duties relating to the “Deposit Liabilities attributable to the OfficesLiabilities” (as hereinafter defined). The term “Deposit Liabilities” means is defined herein as all of SELLERVISION’s obligations, duties and liabilities of every type and character relating to all of VISION’s deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER which is not an Office Purchased Loan, for which BUYER assumes no liability, (iii) deposits which, as reflected on the books of SELLER employees who as of the close of business on the Closing Date, are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesattributable to the Offices. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “Deposit Accounts”) include, without limitation, passbook, statement savings, checking, Money Market Market, and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s objection or failure to accept BUYER as successorsuccessor custodian (“IRA’s”) and certificates of deposit and are listed on Schedule H hereto. The “obligations, duties and liabilities” referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;. With regard to each XXX included within the Deposit Accounts, BUYER shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s BANK ONE's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s BANK ONE's obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accounts, KXXXX accounts and (ii) deposit accounts securing any loan of SELLER BANK ONE which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits which, as reflected on the books of SELLER employees who BANK ONE as of the close of business on the Closing Date, are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesattributable to the Offices. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “"Deposit Accounts”") include, without limitation, passbook, statement savings, checking, Money Market Market, and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER BANK ONE has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successorsuccessor custodian ("IRA's") and certificates of deposit. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;. With regard to each IXX included within the Deposit Accounts, BUYER shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s FNB's obligations and duties relating to the Deposit Liabilities (as defined below) attributable to the OfficesOffice as of the close of business on the Closing Date. The term “"Deposit Liabilities” " means all of SELLER’s FNB's obligations, duties and liabilities of every type and character relating to all deposit accounts Deposit Accounts (as defined below) attributable to the Offices Office as of the close of business on the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) Date, other than (i) XXXXX KXXXX accounts, (ii) deposit accounts securing any loan of SELLER FNB which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits of SELLER FNB’s employees who are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER FNB and its affiliatesaffiliates (collectively (i)-(iv), the “Excluded Deposit Accounts”). The deposit accounts (other than the Excluded Deposit Accounts) referred to in the immediately preceding sentence sentence, as set forth in Exhibit 1.3(b) attached hereto and incorporated herein by reference (collectively, the “"Deposit Accounts”) "), include, without limitation, passbook, statement savings, checking, Money Market money market and NOW negotiable order of withdrawal accounts, certificates of deposit and Individual Retirement Accounts individual retirement accounts (“"IRAs”") for which SELLER FNB has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successor. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following after the ClosingClosing Date), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued on and after the Closing Date;

Deposit Liabilities. Assume and thereafter discharge, pay in full and perform all of SELLER’s 's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s 's obligations, duties and liabilities of every type and character relating to all deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accounts, accounts and (ii) deposit accounts securing any loan of SELLER which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits which, as reflected on the books of SELLER employees who Banc One as of the close of business on the date of the Banc One Closing, are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesattributable to the Offices. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “"Deposit Accounts”") include, without limitation, passbook, statement savings, checking, Money Market Market, and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER and/or Banc One has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successorsuccessor custodian ("IRA's") and certificates of deposit. The “"obligations, duties and liabilities” " referred to in the definition first sentence of Deposit Liabilities this Section 1.3(b) include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;. With regard to each XXX included within the Deposit Accounts, BUYER shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay -------------------- in full and perform all of SELLER’s 's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “Deposit Liabilities” means "DEPOSIT LIABILITIES" is defined herein as all of SELLER’s 's obligations, duties and liabilities of every type and character relating to all deposit accounts (including accrued but unpaid or uncredited interest thereon and uncollected funds related thereto) which, as reflected on the books of SELLER as of the close of business on the Closing Date, are attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER which is not an Office Loan, for which BUYER assumes no liability, (iii) deposits of SELLER employees who are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesOffices. The deposit accounts referred to in the immediately preceding sentence (the “Deposit Accounts”"DEPOSIT ACCOUNTS") include, without limitation, passbookclub, statement savings, passbook savings, checking, Money Market and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successorsuccessor custodian ("IRA'S") and certificates of deposit. Deposit Accounts shall not include (i) deposit accounts maintained by affiliates of SELLER, (ii) deposit accounts that, by law or contract, cannot either be transferred by SELLER or assumed by BUYER, and (iii) the deposits listed on SCHEDULE Q to this ---------- Agreement. The “obligations, duties and liabilities” referred liabilities to in be assumed by BUYER relating to the definition of Deposit Liabilities Accounts include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date Date, including, without limitation, IRS Form Forms 1098 and 1099 and other informational tax reports and reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued paid after the Closing Date;. With regard to each IXX included within the Deposit Accounts, BUYER shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.

Deposit Liabilities. Assume and thereafter discharge, pay in full and timely perform all of SELLER’s VISION's obligations and duties relating to the "Deposit Liabilities attributable to the OfficesLiabilities" (as hereinafter defined). The term “"Deposit Liabilities” means " is defined herein as all of SELLER’s VISION's obligations, duties and liabilities of every type and character relating to all of VISION’s deposit accounts attributable to the Offices as of the Closing (a preliminary confidential listing of which has been provided by SELLER to BUYER as of the date of this Agreement) accounts, other than (i) XXXXX accounts, (ii) deposit accounts securing any loan of SELLER which is not an Office Purchased Loan, for which BUYER assumes no liability, (iii) deposits which, as reflected on the books of SELLER employees who as of the close of business on the Closing Date, are not Transferred Employees (as defined below), and (iv) deposits of current directors of SELLER and its affiliatesattributable to the Offices. The deposit accounts referred to in the immediately preceding sentence (hereinafter the “"Deposit Accounts”") include, without limitation, passbook, statement savings, checking, Money Market Market, and NOW accounts, certificates of deposit and Individual Retirement Accounts (“IRAs”) for which SELLER has not received, on or before the Closing Date, the written advice from the account holder of such account holder’s 's objection or failure to accept BUYER as successorsuccessor custodian ("IRA's") and certificates of deposit and are listed on Schedule H hereto. The “"obligations, duties and liabilities” " referred to in the definition of Deposit Liabilities immediately preceding sentence include, without limitation, the obligation to pay and otherwise process all Deposit Accounts in accordance with applicable law and their respective contractual terms (including the accrual and payment of interest following the Closing), and the duty to supply all applicable reporting forms for periods following the Closing Date including, without limitation, IRS Form 1099 reports relating to the Deposit Accounts to be filed and provided after the Closing Date relating to interest accrued after the Closing Date;. With regard to each XXX included within the Deposit Accounts, BUYER shall also assume the appropriate plan pertaining thereto and the trustee or custodial arrangement in connection therewith.