Common use of Limitations and Exceptions Clause in Contracts

Limitations and Exceptions. In calculating a Recovery, the following shall not be included: (i) amounts paid to the Assuming Institution by the Receiver pursuant to Article 2; (ii) amounts received by or on behalf of the Assuming Institution with respect to Charge-Offs effected by the Assuming Institution after the final Shared-Loss Quarter; Module 1 — Whole Bank w/ Optional Shared Loss Agreements XXXXXX COMMUNITY BANK Version 3.01 — Commercial Shared-Loss Agreement BROOKSVILLE, FLORIDA December 8, 2010 (iii) the amount of any gain with respect to Shared-Loss Loans, ORE, Additional ORE or Subsidiary ORE included in a Recovery which exceeds the total amount of any Failed Bank Charge-Offs, Charge-Offs and Reimbursable Expenses made with respect to the particular Shared-Loss Asset; and (iv) after the final Shared-Loss Quarter, ORE Income except to the extent that aggregate ORE Income exceeds ORE Expenses.

Limitations and Exceptions. In calculating a Recovery, the following shall not be included: (i) amounts paid to the Assuming Institution by the Receiver pursuant to Article 2; (ii) amounts received by or on behalf of the Assuming Institution with respect to Charge-Offs effected by the Assuming Institution after the final Shared-Loss Quarter; Module 1 — Whole Bank w/ Optional Shared Loss Agreements XXXXXX COMMUNITY BANK Version 3.01 — 4.2.2 – Commercial Shared-Loss Agreement BROOKSVILLEJune 1, FLORIDA December 82000 X-00 Xxxxxx Xxxxx Xxxx Xxxxxxx, 2010Xxxxxxx (iii) the amount of any gain with respect to Shared-Loss Loans, ORE, Additional ORE or Subsidiary ORE included in a Recovery which exceeds the total amount of any Failed Bank Charge-Offs, Charge-Offs and Reimbursable Expenses made with respect to the particular Shared-Loss Asset; and (iv) after the final Shared-Loss Quarter, ORE Income except to the extent that aggregate ORE Income exceeds ORE Expenses.

Limitations and Exceptions. In calculating a Recovery, the following shall not be included: (i) amounts paid to the Assuming Institution by the Receiver pursuant to Article 2; (ii) amounts received by or on behalf of the Assuming Institution with respect to Charge-Offs effected by the Assuming Institution after the final Shared-Loss Quarter; Module 1 — – Whole Bank w/ Optional Shared Loss Agreements XXXXXX COMMUNITY BANK C-10 Central Bank of Georgia Version 3.01 — Commercial Shared3.3.1 – COMMERCIAL SHARED-Loss Agreement BROOKSVILLELOSS AGREEMENT Ellaville, FLORIDA GA December 87, 20102011 (iii) the amount of any gain with respect to Shared-Loss Loans, ORE, Additional ORE or Subsidiary ORE included in a Recovery which exceeds the total amount of any Failed Bank Charge-Offs, Charge-Offs and Reimbursable Expenses made with respect to the particular Shared-Loss Asset; and (iv) after the final Shared-Loss Quarter, ORE Income except to the extent that aggregate ORE Income exceeds ORE Expenses.

Limitations and Exceptions. In calculating a Recovery, the following shall not be included: (i) amounts paid to the Assuming Institution by the Receiver pursuant to Article 2; (ii) amounts received by or on behalf of the Assuming Institution with respect to Charge-Offs effected by the Assuming Institution after the final Shared-Loss Quarter; Module 1 — - Whole Bank w/ Optional Shared Loss Agreements XXXXXX COMMUNITY BANK Version 3.01 — 4.1 - Commercial Shared-Loss Agreement BROOKSVILLEFebruary 21, FLORIDA December 82012 C-10 Inter Savings Bank, 2010FSB Maple Grove, Minnesota (iii) the amount of any gain with respect to Shared-Loss Loans, ORE, Additional ORE or Subsidiary ORE included in a Recovery which exceeds the total amount of any Failed Bank Charge-Offs, Charge-Offs and Reimbursable Expenses made with respect to the particular Shared-Loss Asset; and (iv) after the final Shared-Loss Quarter, ORE Income except to the extent that aggregate ORE Income exceeds ORE Expenses.

Limitations and Exceptions. In calculating a Recovery, the following shall not be included: (i) amounts paid to the Assuming Institution by the Receiver pursuant to Article 2; (ii) amounts received by or on behalf of the Assuming Institution with respect to Charge-Offs effected by the Assuming Institution after the final Shared-Loss Quarter; Module 1 — – Whole Bank w/ Optional Shared Loss Agreements XXXXXX COMMUNITY BANK C-10 First Guaranty Bank and Trust Company of Jacksonville Version 3.01 — Commercial Shared3.3.1 – COMMERCIAL SHARED-Loss Agreement BROOKSVILLELOSS AGREEMENT Jacksonville, FLORIDA FL December 87, 20102011 (iii) the amount of any gain with respect to Shared-Loss Loans, ORE, Additional ORE or Subsidiary ORE included in a Recovery which exceeds the total amount of any Failed Bank Charge-Offs, Charge-Offs and Reimbursable Expenses made with respect to the particular Shared-Loss Asset; and (iv) after the final Shared-Loss Quarter, ORE Income except to the extent that aggregate ORE Income exceeds ORE Expenses.

Limitations and Exceptions. In calculating a Recovery, the following shall not be included: (i) amounts paid to the Assuming Institution by the Receiver pursuant to Article 2; (ii) amounts received by or on behalf of the Assuming Institution with respect to Charge-Offs effected by the Assuming Institution after the final Shared-Loss Quarter; Module 1 — – Whole Bank w/ Optional Shared Loss Agreements XXXXXX COMMUNITY BANK Version 3.01 — C-10 Plantation Federal Bank Version4.1 – Commercial Shared-Loss Agreement BROOKSVILLEPawleys Island, FLORIDA December 8SC February 21, 20102012 (iii) the amount of any gain with respect to Shared-Loss Loans, ORE, Additional ORE or Subsidiary ORE included in a Recovery which exceeds the total amount of any Failed Bank Charge-Offs, Charge-Offs and Reimbursable Expenses made with respect to the particular Shared-Loss Asset; and (iv) after the final Shared-Loss Quarter, ORE Income except to the extent that aggregate ORE Income exceeds ORE Expenses.