Common use of Leases, Contracts and Agreements Clause in Contracts

Leases, Contracts and Agreements. Confidential Schedule 3.13 sets forth a list and general description of all contracts, leases, subleases, licenses, and agreements to which IBI or any IBI Subsidiary is a party or by which IBI or any IBI Subsidiary is bound (A) that obligate or would reasonably be expected to obligate IBI or any IBI Subsidiary for an amount in excess of $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 IBI or any IBI Subsidiary for an amount in excess of $100,000 over the entire term of such related 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”). IBI has delivered or made available to IBG true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by, Integrity Bank, but do include unfunded loan commitments and letters of credit issued by Integrity Bank where the borrowers’ total direct and indirect indebtedness to Integrity Bank is in excess of $2,000,000. No participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of Integrity Bank. 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 IBI or 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. IBI and 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 a list an accurate and general complete description of all contracts, leases, subleases, licenses, and agreements to which IBI HCBI or any IBI Subsidiary HCB is a party or by which IBI HCBI or any IBI Subsidiary HCB is bound (A) that obligate or would reasonably be expected to obligate IBI HCBI or any IBI Subsidiary HCB for an amount in excess of $100,000 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 IBI HCBI or any IBI Subsidiary HCB for an amount in excess of $100,000 50,000 over the entire term of such related 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 contracts (collectively, the “Contracts”). IBI 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, Integrity Bankby HCB, but do include unfunded loan commitments and letters of credit issued by Integrity Bank HCB where the borrowers’ total direct and indirect indebtedness to Integrity Bank HCB is in excess of $2,000,000100,000. No participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of Integrity BankHCB. Neither IBI nor any IBI Subsidiary has HCBI and HCB have not received any written notice of material default under or material noncompliance with any Contract. For each lease in which IBI HCBI or any IBI Subsidiary 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. IBI HCBI and each IBI Subsidiary HCB 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 a list and general description of all contracts, leases, subleases, licenses, and agreements to which IBI IBT or any IBI Subsidiary Independent Bank is a party or by which IBI IBT or any IBI Subsidiary Independent Bank is bound (Aa) that obligate or would reasonably be expected to obligate IBI IBT or any IBI Subsidiary Independent Bank for an amount in excess of $100,000 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 IBI IBT or any IBI Subsidiary Independent Bank for an amount in excess of $100,000 10,000 over the entire term of such related contracts, in the case of each of foregoing (Aa) and (Bb) that are not terminable by IBI IBT or such IBI SubsidiaryIndependent Bank, as the case may be, on 30 days thirty (30) days’ or less notice and that do not require without the payment by IBI IBT or any IBI Subsidiary Independent Bank of any termination fee, liquidated damages, forfeited pre-paid expense, or similar cost related to such termination (collectively, the “Contracts”). IBI 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 not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by, Integrity Independent Bank, but do include unfunded loan commitments and letters of credit issued by Integrity Independent Bank where the borrowers’ total direct and indirect indebtedness to Integrity Independent Bank is in excess of $2,000,00010,000. 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 Integrity Independent Bank. Neither IBI nor any IBI Subsidiary has IBT and Independent Bank have not received any written notice of material default under or material noncompliance with any Contract. For each lease in which IBI IBT or any IBI Subsidiary 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. IBI IBT and each IBI Subsidiary Independent Bank enjoy peaceful and undisturbed possession under all leases under which they are currently operating.

Leases, Contracts and Agreements. Confidential Schedule 3.13 sets forth a list and general description of all contracts, leases, subleases, licenses, and agreements to which IBI CBI or any IBI CBI Subsidiary is a party or by which IBI CBI or any IBI CBI Subsidiary is bound (A) that obligate or would reasonably be expected to obligate IBI CBI or any IBI CBI Subsidiary for an amount in excess of $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 IBI CBI or any IBI CBI Subsidiary for an amount in excess of $100,000 over the entire term of such related contracts, in the case of each of foregoing (A) and (B) that are not terminable by IBI CBI or such IBI CBI Subsidiary, as the case may be, on 30 days or less notice and that do not require the payment by IBI CBI or any IBI CBI Subsidiary of any termination fee, liquidated damages, forfeited pre-paid expense, or similar cost related to such termination (collectively, the “Contracts”). IBI CBI has delivered or made available to IBG true and correct copies of all Contracts. For the purposes of this Agreement, the Contracts shall not include loans made by, repurchase agreements made by, spot foreign exchange transactions of, bankers acceptances of or deposits by, Integrity Northstar Bank, but do include unfunded loan commitments and letters of credit issued by Integrity Northstar Bank where the borrowers’ total direct and indirect indebtedness to Integrity Northstar Bank is in excess of $2,000,0002,500,000. No participations or loans have been sold that have buy back, recourse or guaranty provisions that create contingent or direct liabilities of Integrity Northstar Bank. Neither IBI CBI nor any IBI CBI Subsidiary has received any written notice of material default under or material noncompliance with any Contract. For each lease in which IBI CBI or any IBI 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. IBI CBI and each IBI CBI Subsidiary enjoy peaceful and undisturbed possession under all leases under which they are currently operating.