Common use of Financial Reports and Regulatory Documents; Material Adverse Effect Clause in Contracts

Financial Reports and Regulatory Documents; Material Adverse Effect. (1) Its Annual Reports on Form 10-K for the fiscal years ended December 31, 2007, 2008 and 2009, and all other reports, registration statements, definitive proxy statements or information statements filed by it or any of its Subsidiaries subsequent to December 31, 2007 under the Securities Act or under the Exchange Act (collectively, “NAL SEC Filings”), in the form filed with the SEC as of the date filed, (A) complied in all material respects as to form with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (B) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each of the statements of financial position contained in or incorporated by reference into any such NAL SEC Filing (including the related notes and schedules thereto) fairly presented in all material respects its financial position and that of its Subsidiaries on a consolidated basis as of the date of such statement, and each of the statements of income and changes in stockholders’ equity and cash flows or equivalent statements in such NAL SEC Filings (including any related notes and schedules thereto) fairly presented in all material respects the results of operations, changes in stockholders’ equity and changes in cash flows, as the case may be, of it and its Subsidiaries on a consolidated basis for the periods to which those statements relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, and subject to normal year-end audit adjustments and as permitted by Form 10-Q in the case of unaudited statements. Its reserves for possible loan repurchases have been established in conformity with GAAP, sound banking practices and applicable law and are reasonable in view of the amount and character of the loans or other extensions of credit which have been sold, the loans or other extensions of credit which have been repurchased or are in process of being repurchased, the loans or other extensions of credit which have been identified as being at risk of repurchase, potential losses related to current and future repurchased loans or other extensions of credit, current economic conditions and other relevant factors.

Financial Reports and Regulatory Documents; Material Adverse Effect. (1a) Its Such Party’s Annual Reports on Form 10-K (as amended) for the fiscal years ended December 31, 2007, 2008 2017 and 20092018, and all other reports, registration statements, definitive proxy statements or information statements filed by it such Party or any of its Subsidiaries subsequent to December 31, 2007 2018 under the Securities Act or under the Exchange Act (as amended, collectively, “NAL SEC Filings”), in the form filed with the SEC as of the date filed, (Ai) complied (and any SEC Filings filed after the date hereof will comply) in all material respects as to form with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (Bii) did not (and any SEC Filings filed after the date hereof will not) contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, taken as a whole and in the light of the circumstances under which they were made, not materially misleading. Each of the statements of financial position balance sheets contained in or incorporated by reference into any such NAL SEC Filing (including the related notes and schedules thereto) fairly presented (and any such statements contained in any SEC Filings filed after the date hereof will fairly present) in all material respects its such Party’s financial position and that of its Subsidiaries on a consolidated basis as of the date of such statement, and each of the statements of income and changes in operations, comprehensive income/(loss), stockholders’ equity equity/(deficit) and cash flows or equivalent statements in such NAL SEC Filings Filing (including any related notes and schedules thereto) fairly presented (and any such statements contained in any SEC Filings filed after the date hereof will fairly present) in all material respects the results of operations, operations and changes in income, stockholders’ equity and changes in cash flows, as the case may be, of it such Party and its Subsidiaries on a consolidated basis for the periods to which those statements relate, in each case case, in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, and subject to normal year-end audit adjustments and as permitted by Form 10-Q in the case of unaudited statements. Its reserves for possible loan repurchases have been established in conformity with GAAP, sound banking practices and applicable law and are reasonable in view of the amount and character of the loans or other extensions of credit which have been sold, the loans or other extensions of credit which have been repurchased or are in process of being repurchased, the loans or other extensions of credit which have been identified as being at risk of repurchase, potential losses related to current and future repurchased loans or other extensions of credit, current economic conditions and other relevant factors.

Financial Reports and Regulatory Documents; Material Adverse Effect. (1i) Its The Company's Annual Reports Report on Form 10-K for the fiscal years year ended December 31, 2007, 2008 and 20091999, and all other reports, registration statements, definitive proxy statements or information statements filed or to be filed by it or any of its Subsidiaries subsequent to December 31, 2007 1999 under the Securities Act Act, or under Section 13(a), 13(c), 14 or 15(d) of the Exchange Act (collectively, “NAL SEC Filings”)Act, in the form filed or to be filed (collectively, the Company's "SEC DOCUMENTS") with the SEC SEC, as of the date filed, (A) complied or will comply in all material respects as to form with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (B) did not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each ; and each of the statements of financial position balance sheets contained in or incorporated by reference into any such NAL SEC Filing Document (including the related notes and schedules thereto) fairly presented in all material respects its presents, or will fairly present, the financial position of Company and that its Subsidiaries as of its Subsidiaries on a consolidated basis as of the date of such statementdate, and each of the statements of income and changes in stockholders’ shareholders' equity and cash flows or equivalent statements in such NAL SEC Filings Document (including any related notes and schedules thereto) fairly presented in all material respects presents, or will fairly present, the results of operations, changes in stockholders’ shareholders' equity and changes in cash flows, as the case may be, of it the Company and its Subsidiaries on a consolidated basis for the periods to which those statements they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, and subject to normal year-end audit adjustments and as permitted by Form 10-Q in the case of unaudited statements. Its reserves for possible loan repurchases The books and records of the Company have been established in conformity with GAAPbeen, sound banking practices and applicable law and are reasonable being, maintained in view of the amount accordance with GAAP and character of the loans or any other extensions of credit which have been sold, the loans or other extensions of credit which have been repurchased or are in process of being repurchased, the loans or other extensions of credit which have been identified as being at risk of repurchase, potential losses related to current applicable legal and future repurchased loans or other extensions of credit, current economic conditions and other relevant factorsaccounting requirements.

Financial Reports and Regulatory Documents; Material Adverse Effect. (1i) Its Such Party’s Annual Reports on Form 10-K (as amended) for the fiscal years ended December 31, 2007, 2008 2012 (in the case of CEC only) and 20092013 (in the case of CEC and CAC), and all other reports, registration statements, definitive proxy statements or information statements filed by it such Party or any of its Subsidiaries subsequent to December 31, 2007 2013 under the Securities Act or under the Exchange Act (as amended, collectively, “NAL SEC Filings”), in the form filed with the SEC as of the date filed, (A) complied (and any SEC Filings filed after the date hereof will comply) in all material respects as to form with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (B) did not (and any SEC Filings filed after the date hereof will not) contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each of the statements of financial position contained in or incorporated by reference into any such NAL SEC Filing (including the related notes and schedules thereto) fairly presented (and any such statements contained in any SEC Filings filed after the date hereof will fairly present) in all material respects its such Party’s financial position and that of its Subsidiaries on a consolidated basis as of the date of such statement, and each of the statements of income and changes in stockholders’ equity and cash flows or equivalent statements in such NAL SEC Filings Filing (including any related notes and schedules thereto) fairly presented (and any such statements contained in any SEC Filings filed after the date hereof will fairly present) in all material respects the results of operations, changes in stockholders’ equity and changes in cash flows, as the case may be, of it such Party and its Subsidiaries on a consolidated basis for the periods to which those statements relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, and subject to normal year-end audit adjustments and as permitted by Form 10-Q in the case of unaudited statements. Its reserves for possible loan repurchases have been established in conformity with GAAP, sound banking practices and applicable law and are reasonable in view of the amount and character of the loans or other extensions of credit which have been sold, the loans or other extensions of credit which have been repurchased or are in process of being repurchased, the loans or other extensions of credit which have been identified as being at risk of repurchase, potential losses related to current and future repurchased loans or other extensions of credit, current economic conditions and other relevant factors.