Common use of Leases, Contracts and Agreements Clause in Contracts

Leases, Contracts and Agreements. Confidential Schedule 3.13 sets forth an accurate and complete description of all contracts, leases, subleases, licenses, and agreements to which HCBI or HCB is a party or by which HCBI or HCB is bound (A) that obligate or would reasonably be expected to obligate HCBI or HCB for an amount in excess of $50,000 over the entire term of any such agreement or (B) that are related or of a similar nature and that in the aggregate obligate or would reasonably be expected to obligate HCBI or HCB for an amount in excess of $50,000 over the entire term of such related contracts (collectively, the “Contracts”). HCBI has delivered or made available to IBG true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall do not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by HCB, but do include unfunded loan commitments and letters of credit issued by HCB where the borrowers’ total direct and indirect indebtedness to HCB is in excess of $100,000. No participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of HCB. HCBI and HCB have not received any written notice of material default under or material noncompliance with any Contract. For each lease in which HCBI or HCB is named as lessee, such party is the owner and holder of all the leasehold estates or other rights and interest purported to be granted by such instruments, in each case free and clear of any lessee-granted security interests, claims, liens (including tax liens), forfeitures, mortgages, pledges, penalties, encumbrances, assignments or charges whatsoever except as established by the lease or applicable law. HCBI and HCB enjoy peaceful and undisturbed possession under all leases under which they are currently operating.

Leases, Contracts and Agreements. Confidential Schedule 3.13 sets forth an accurate a list and complete general description of all contracts, leases, subleases, licenses, and agreements to which HCBI IBI or HCB any IBI Subsidiary is a party or by which HCBI IBI or HCB any IBI Subsidiary is bound (A) that obligate or would reasonably be expected to obligate HCBI IBI or HCB any IBI Subsidiary for an amount in excess of $50,000 100,000 over the entire term of any such agreement or (B) that are related or of a similar nature and that in the aggregate obligate or would reasonably be expected to obligate HCBI IBI or HCB any IBI Subsidiary for an amount in excess of $50,000 100,000 over the entire term of such related contracts contracts, in the case of each of foregoing (A) and (B) that are not terminable by IBI or such IBI Subsidiary, as the case may be, on 30 days or less notice and that do not require the payment by IBI or any IBI Subsidiary of any termination fee, liquidated damages, forfeited pre-paid expense, or similar cost related to such termination (collectively, the “Contracts”). HCBI IBI has delivered or made available to IBG true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall do not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by HCBby, Integrity Bank, but do include unfunded loan commitments and letters of credit issued by HCB Integrity Bank where the borrowers’ total direct and indirect indebtedness to HCB Integrity Bank is in excess of $100,0002,000,000. No participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of HCBIntegrity Bank. HCBI and HCB have not Neither IBI nor any IBI Subsidiary has received any written notice of material default under or material noncompliance with any Contract. For each lease in which HCBI IBI or HCB any IBI Subsidiary is named as lessee, such party is the owner and holder of all the leasehold estates or other rights and interest purported to be granted by such instruments, in each case free and clear of any lessee-granted security interests, claims, liens (including tax liens), forfeitures, mortgages, pledges, penalties, encumbrances, assignments or charges whatsoever except as established by the lease or applicable law. HCBI IBI and HCB each IBI Subsidiary enjoy peaceful and undisturbed possession under all leases under which they are currently operating.

Leases, Contracts and Agreements. Confidential Schedule 3.13 sets forth an accurate a list and complete general description of all contracts, leases, subleases, licenses, and agreements to which HCBI CBI or HCB any CBI Subsidiary is a party or by which HCBI CBI or HCB any CBI Subsidiary is bound (A) that obligate or would reasonably be expected to obligate HCBI CBI or HCB any CBI Subsidiary for an amount in excess of $50,000 100,000 over the entire term of any such agreement or (B) that are related or of a similar nature and that in the aggregate obligate or would reasonably be expected to obligate HCBI CBI or HCB any CBI Subsidiary for an amount in excess of $50,000 100,000 over the entire term of such related contracts contracts, in the case of each of foregoing (A) and (B) that are not terminable by CBI or such CBI Subsidiary, as the case may be, on 30 days or less notice and that do not require the payment by CBI or any CBI Subsidiary of any termination fee, liquidated damages, forfeited pre-paid expense, or similar cost related to such termination (collectively, the “Contracts”). HCBI CBI has delivered or made available to IBG true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall do not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by HCBby, Northstar Bank, but do include unfunded loan commitments and letters of credit issued by HCB Northstar Bank where the borrowers’ total direct and indirect indebtedness to HCB Northstar Bank is in excess of $100,0002,500,000. No participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of HCBNorthstar Bank. HCBI and HCB have not Neither CBI nor any CBI Subsidiary has received any written notice of material default under or material noncompliance with any Contract. For each lease in which HCBI CBI or HCB any CBI Subsidiary is named as lessee, such party is the owner and holder of all the leasehold estates or other rights and interest purported to be granted by such instruments, in each case free and clear of any lessee-granted security interests, claims, liens (including tax liens), forfeitures, mortgages, pledges, penalties, encumbrances, assignments or charges whatsoever except as established by the lease or applicable law. HCBI CBI and HCB each CBI Subsidiary enjoy peaceful and undisturbed possession under all leases under which they are currently operating.

Leases, Contracts and Agreements. Confidential Schedule 3.13 sets forth an accurate and complete description of all contracts, leases, subleases, licenses, contracts and agreements to which HCBI I BHC or HCB I Bank is a party or by which HCBI I BHC or HCB I Bank is bound (A) that obligate or would could reasonably be expected to obligate HCBI I BHC or HCB I Bank for an amount in excess of $50,000 25,000 over the entire term of any such agreement or (B) that are related or of a similar nature and that in the aggregate obligate or would could reasonably be expected to obligate HCBI I BHC or HCB I Bank for an amount in excess of $50,000 25,000 over the entire term of such related contracts (collectively, the “Contracts”). HCBI I BHC has delivered or made available to IBG true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall do be deemed not to include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by HCBI Bank, but do include unfunded loan commitments and letters of credit issued by HCB I Bank where the borrowers’ total direct and indirect indebtedness to HCB I Bank is in excess of $100,00025,000. No Except as set forth in Schedule 3.13, no participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of HCBI Bank. HCBI I BHC and HCB I Bank have not received any written notice of material default under or material noncompliance with any Contract. For each lease in which HCBI I BHC or HCB I Bank is named as lessee, such party is the owner and holder of all the leasehold estates or other rights and interest purported to be granted by such instruments, in each case free and clear of any lessee-granted security interests, claims, liens (including tax liens), forfeitures, mortgages, pledges, penalties, encumbrances, assignments or charges whatsoever except as established by the lease or applicable law. HCBI I BHC and HCB I Bank enjoy peaceful and undisturbed possession under all leases under which they are currently operating.

Leases, Contracts and Agreements. Confidential Schedule 3.13 3.11 sets forth an accurate a list and complete general description of all contracts, leases, subleases, licenses, and agreements to which HCBI IBT or HCB Independent Bank is a party or by which HCBI IBT or HCB Independent Bank is bound (Aa) that obligate or would reasonably be expected to obligate HCBI IBT or HCB Independent Bank for an amount in excess of $50,000 10,000 over the entire term of any such agreement or (Bb) that are related or of a similar nature and that in the aggregate obligate or would reasonably be expected to obligate HCBI IBT or HCB Independent Bank for an amount in excess of $50,000 10,000 over the entire term of such related contracts contracts, in the case of each of foregoing (a) and (b) that are not terminable by IBT or Independent Bank, as the case may be, on thirty (30) days’ or less notice without the payment by IBT or Independent Bank of any termination fee, liquidated damages, forfeited pre-paid expense, or similar cost related to such termination (collectively, the “Contracts”). HCBI IBT has delivered or made available to IBG VHI true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall do not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by HCBby, Independent Bank, but do include unfunded loan commitments and letters of credit issued by HCB Independent Bank where the borrowers’ total direct and indirect indebtedness to HCB Independent Bank is in excess of $100,00010,000. No Except as set forth in Confidential Schedule 3.11, no participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of HCBIndependent Bank. HCBI IBT and HCB Independent Bank have not received any written notice of material default under or material noncompliance with any Contract. For each lease in which HCBI IBT or HCB Independent Bank is named as lessee, such party is the owner and holder of all the leasehold estates or other rights and interest purported to be granted by such instruments, in each case free and clear of any lessee-granted security interests, claims, liens Liens (including tax liensTax Liens), forfeitures, mortgages, pledges, penalties, encumbrances, assignments or charges whatsoever except as established by the lease or applicable lawLaw. HCBI IBT and HCB Independent Bank enjoy peaceful and undisturbed possession under all leases under which they are currently operating.