Common use of FCB's Representations and Warranties and Performance of Agreements Clause in Contracts

FCB's Representations and Warranties and Performance of Agreements. Unless waived in writing by Cordia in the manner provided in Paragraph 11.03, each of the representations and warranties of FCB contained in this Agreement shall have been true and correct in all material respects as of the date of this Agreement, and they shall remain true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of such date (except that a representation or warranty that by its express terms speaks only as of the date of this Agreement or another date shall be true and correct as of such date), in either case without regard to any limitation or qualification based on the Knowledge of FCB, except for exceptions which, individually or in the aggregate, do not, and cannot reasonably be expected to, prevent FCB or Merger Sub from consummating the Merger; and, FCB shall have complied with or performed in all material respects all of its obligations, covenants and agreements hereunder to be complied with or performed by it on or before the Closing Date. Cordia shall have received a certificate from FCB dated as of the Closing Date and executed by FCB's President and Chief Financial Officer to the effect that the conditions of this Subparagraph have been met and as to such other matters as may be reasonably requested by Cordia.

FCB's Representations and Warranties and Performance of Agreements. Unless waived in writing by Cordia in the manner 1st Financial as provided in Paragraph 11.03, each of the representations and warranties of FCB contained in this Agreement shall have been true and correct in all material respects as of the date of this the Original Agreement, and they shall remain true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of such date (except that a representation or warranty that by its express terms speaks only as of the date of this the Original Agreement or another date shall be true and correct as of such date), in either case without regard to any limitation or qualification based on the Knowledge of FCB, except for exceptions which, individually or in the aggregate, do not, and cannot reasonably be expected to, prevent FCB or Merger Sub from consummating the Merger; and, FCB shall have complied with or performed in all material respects all of its obligations, covenants and agreements hereunder to be complied with or performed by it on or before the Closing Date. Cordia 1st Financial and Mountain 1st shall have received a certificate from FCB dated as of the Closing Date and executed by FCB's President and Chief Financial Officer to the effect that the conditions of this Subparagraph subparagraph have been met and as to such other matters as may be reasonably requested by Cordia1st Financial.

FCB's Representations and Warranties and Performance of Agreements. Unless waived in writing by Cordia in the manner 1st Financial as provided in Paragraph 11.03, each of the representations and warranties of FCB contained in this Agreement shall have been true and correct in all material respects as of the date of this Agreementhereof, and they shall remain true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of such date (except that a representation or warranty that by its express terms speaks only as of the date of this Agreement or another date shall be true and correct as of such date), in either case without regard to any limitation or qualification based on the Knowledge of FCB, except for exceptions which, individually or in the aggregate, do not, and cannot reasonably be expected to, prevent FCB or Merger Sub from consummating the Merger; and, FCB shall have complied with or performed in all material respects all of its obligations, covenants and agreements hereunder to be complied with or performed by it on or before the Closing Date. Cordia 1st Financial and Mountain 1st shall have received a certificate from FCB dated as of the Closing Date and executed by FCB's President and Chief Financial Officer to the effect that the conditions of this Subparagraph subparagraph have been met and as to such other matters as may be reasonably requested by Cordia1st Financial.

FCB's Representations and Warranties and Performance of Agreements. Unless waived in writing by Cordia in the manner 1st Financial as provided in Paragraph 11.03, each of the representations and warranties of FCB contained in this Agreement shall have been true and correct in all material respects as of the date of this the Original Agreement, and they shall remain true and correct in all material respects on and as of the Closing Date with the same force and effect as though made on and as of such date (except that a representation or warranty that by its express terms speaks only as of the date of this the Original Agreement or another date shall be true and correct as of such date), in either case without regard to any limitation or qualification based on the Knowledge of FCB, except for exceptions which, individually or in the aggregate, do not, and cannot reasonably be expected to, prevent FCB or Merger Sub from consummating the Merger; and, FCB shall have complied with or performed in all material respects all of its obligations, covenants and agreements hereunder to be complied with or performed by it on or before the Closing Date. Cordia 1st Financial and Mountain 1st shall have received a certificate from FCB dated as of the Closing Date and executed by FCB's ’s President and Chief Financial Officer to the effect that the conditions of this Subparagraph subparagraph have been met and as to such other matters as may be reasonably requested by Cordia1st Financial.