Common use of Litigation and Regulatory Matters Clause in Contracts

Litigation and Regulatory Matters. Schedule 5.6 of the FDB Book of Schedules sets forth a list of all actions, suits or proceedings pending as of the date hereof in which FDB or any FDB Subsidiary is a named party, other than collection or foreclosure actions brought by FDB or any FDB Subsidiary in the ordinary course of business and where no counterclaim has been filed against FDB or such FDB Subsidiary. Except as set forth on Schedule 5.6 of the FDB Book of Schedules, there is no action, suit, proceeding, claim or formal written protest by any Person or agency, or any investigation or report by any regulatory authority having jurisdiction over FDB or any FDB Subsidiary or any of its respective assets or businesses which is pending or, to FDB's knowledge, threatened against FDB or any FDB Subsidiary, or any of its respective officers or directors in their capacities as such, or its assets, business or goodwill which would reasonably be expected to have a Material Adverse Effect on FDB or which would impair FDB's ability to consummate the Merger. FDB further represents and warrants that except as set forth on Schedule 5.6 of the FDB Book of Schedules, it does not know or have any reason to believe that there is any basis for assertion against it or any FDB Subsidiary of any material claims based upon the wrongful action or inaction of either FDB or any FDB Subsidiary, and any of their respective officers, directors or employees which would reasonably be expected to have a Material Adverse Effect on FDB or which would impair FDB's ability to consummate the Merger. Neither FDB nor any FDB Subsidiary is subject to, or in default with respect to, nor are any of its assets subject to, any outstanding judgment, regulatory agreement, injunction, writ, order or decree or any other requirement of any governmental body or court or of any governmental agency or instrumentality which would reasonably be expected to have a Material Adverse Effect on FDB or which would impair FDB's ability to consummate the Merger.

Litigation and Regulatory Matters. Schedule 5.6 4.6 of the FDB BIF Book of Schedules sets forth a list of all actions, suits or proceedings pending as of the date hereof in which FDB BIF or any FDB BIF Subsidiary is a named party, other than collection or foreclosure actions brought by FDB BIF or any FDB BIF Subsidiary in the ordinary course of business and where no counterclaim has been filed against FDB BIF or such FDB BIF Subsidiary. Except as set forth on Schedule 5.6 4.6 of the FDB BIF Book of Schedules, there is no action, suit, proceeding, claim or formal written protest by any Person or agency, or any investigation or report by any regulatory authority having jurisdiction over FDB BIF or any FDB BIF Subsidiary or any of its respective assets or businesses which is pending or, to FDBBIF's knowledge, threatened against FDB BIF or any FDB BIF Subsidiary, or any of its respective officers or directors in their capacities as such, or its assets, business or goodwill which would reasonably be expected to have a Material Adverse Effect on FDB BIF or which would impair FDBBIF's ability to consummate the Merger. FDB BIF further represents and warrants that except as set forth on Schedule 5.6 4.6 of the FDB BIF Book of Schedules, it does not know or have any reason to believe that there is any basis for assertion against it or any FDB BIF Subsidiary of any material claims based upon the wrongful action or inaction of either FDB BIF or any FDB BIF Subsidiary, and any of their respective officers, directors or employees which would reasonably be expected to have a Material Adverse Effect on FDB BIF or which would impair FDBBIF's ability to consummate the Merger. Neither FDB BIF nor any FDB BIF Subsidiary is subject to, or in default with respect to, nor are any of its assets subject to, any outstanding judgment, regulatory agreement, injunction, writ, order or decree or any other requirement of any governmental body or court or of any governmental agency or instrumentality which would reasonably be expected to have a Material Adverse Effect on FDB BIF or which would impair FDBBIF's ability to consummate the Merger.

Litigation and Regulatory Matters. Schedule 5.6 4.6 of the FDB BIF Book of Schedules sets forth a list of all actions, suits or proceedings pending as of the date hereof in Page 16 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - which FDB BIF or any FDB BIF Subsidiary is a named party, other than collection or foreclosure actions brought by FDB BIF or any FDB BIF Subsidiary in the ordinary course of business and where no counterclaim has been filed against FDB BIF or such FDB BIF Subsidiary. Except as set forth on Schedule 5.6 4.6 of the FDB BIF Book of Schedules, there is no action, suit, proceeding, claim or formal written protest by any Person or agency, or any investigation or report by any regulatory authority having jurisdiction over FDB BIF or any FDB BIF Subsidiary or any of its respective assets or businesses which is pending or, to FDBBIF's knowledge, threatened against FDB BIF or any FDB BIF Subsidiary, or any of its respective officers or directors in their capacities as such, or its assets, business or goodwill which would reasonably be expected to have a Material Adverse Effect on FDB BIF or which would impair FDBBIF's ability to consummate the Merger. FDB BIF further represents and warrants that except as set forth on Schedule 5.6 4.6 of the FDB BIF Book of Schedules, it does not know or have any reason to believe that there is any basis for assertion against it or any FDB BIF Subsidiary of any material claims based upon the wrongful action or inaction of either FDB BIF or any FDB BIF Subsidiary, and any of their respective officers, directors or employees which would reasonably be expected to have a Material Adverse Effect on FDB BIF or which would impair FDBBIF's ability to consummate the Merger. Neither FDB BIF nor any FDB BIF Subsidiary is subject to, or in default with respect to, nor are any of its assets subject to, any outstanding judgment, regulatory agreement, injunction, writ, order or decree or any other requirement of any governmental body or court or of any governmental agency or instrumentality which would reasonably be expected to have a Material Adverse Effect on FDB BIF or which would impair FDBBIF's ability to consummate the Merger.