Gateway Reports. Gateway Bank and Financial Holdings have filed all reports, registrations, and statements, together with any amendments required to be made with respect thereto, that were required to be filed with (i) the FDIC, (ii) the North Carolina Commissioner of Banks (the “Commissioner”), (iii) the SEC, (iv) the Federal Reserve, and (v) any other Regulatory Authorities. All such reports, registrations, and statements filed by Gateway Bank or Financial Holdings with the FDIC, the Commissioner, the SEC, the Federal Reserve, or other such regulatory authority are collectively referred to herein as the “Gateway Reports.” To the Best Knowledge (as such term is defined in Paragraph 10.14 hereof) of management of Financial Holdings, each Gateway Report complied in all material respects with all the statutes, rules, and regulations enforced or promulgated by the Regulatory Authority with which it was filed and 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 light of the circumstances under which they were made, not misleading. Neither Gateway Bank nor Financial Holdings has been notified by any Regulatory Authority that any Gateway Report was deficient in any material respect as to form or content.
