Common use of Loans; Nonperforming and Classified Assets Clause in Contracts

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC and its Subsidiaries was made and has been serviced in all material respects in accordance with CBC’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFC’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC to SHBI accurately reflect in all material respects the Loan portfolio of TCFC and its Subsidiaries as of the date of such loan tape. (ii) TCFC has set forth in Section 5.03(r)(ii) of TCFC’s Disclosure Schedule as of November 30, 2022: (A) any Loan under the terms of which the obligor is 90 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFC’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFC, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the OCC would agree with the loan classifications established by TCFC); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30, 2022; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC or any of its Subsidiaries, or to TCFC’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC Grandpoint and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCGrandpoint Bank’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFCGrandpoint’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC Grandpoint to SHBI PPBI accurately reflect in all material respects the Loan portfolio of TCFC Grandpoint and its Subsidiaries as of the date of such loan tape. (ii) TCFC Grandpoint has set forth in Section 5.03(r)(ii) of TCFCGrandpoint’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFCGrandpoint’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCGrandpoint, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the OCC DBO or the FDIC would agree with the loan classifications established by TCFCGrandpoint); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30December 31, 20222017; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC Grandpoint or any of its Subsidiaries, or to TCFCGrandpoint’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC IDPK and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCIDPK’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFC’s Knowledgethe Knowledge of IDPK, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC IDPK to SHBI PPBI accurately reflect reflects in all material respects the Loan portfolio of TCFC IDPK and its Subsidiaries as of the date of such loan tape. (ii) TCFC IDPK has set forth in Section 5.03(r)(ii) of TCFCIDPK’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFC’s Knowledgethe Knowledge of IDPK, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCIDPK, any of its Subsidiaries Subsidiaries, or an applicable regulatory authority (it being understood that no representation is being made that the OCC DBO or the FDIC would agree with the loan classifications established by TCFCIDPK); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30, 20222014; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC IDPK or any of its Subsidiaries, or to TCFC’s Knowledgethe Knowledge of IDPK, any Person controlling, controlled by or under common control with, any of the foregoing.

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC HEOP and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCHeritage Oaks Bank’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFCHEOP’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC HEOP to SHBI PPBI accurately reflect reflects in all material respects the Loan portfolio of TCFC HEOP and its Subsidiaries as of the date of such loan tape. . (ii) TCFC HEOP has set forth in Section 5.03(r)(ii) of TCFCHEOP’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFCHEOP’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCHEOP, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the OCC DBO or the FDIC would agree with the loan classifications established by TCFCHEOP); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30, 20222016; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC HEOP or any of its Subsidiaries, or to TCFCHEOP’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.. (s)

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC DELTA and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCDELTA Bank’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFCDELTA’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes information previously provided by TCFC DELTA to SHBI F&M accurately reflect reflects in all material respects the Loan portfolio of TCFC DELTA and its Subsidiaries as of the date of such loan tapeinformation. (ii) TCFC DELTA has set forth in Section 5.03(r)(ii) of TCFCDELTA’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFCDELTA’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCDELTA, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the DBO, OCC or the FDIC would agree with the loan classifications established by TCFCDELTA); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30March 31, 20222016; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC DELTA or any of its Subsidiaries, or to TCFCDELTA’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC SCB and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCSecurity Bank’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFCSCB’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC SCB to SHBI PPBI accurately reflect reflects in all material respects the Loan portfolio of TCFC SCB and its Subsidiaries as of the date of such loan tape. (ii) TCFC SCB has set forth in Section 5.03(r)(ii) of TCFCSCB’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFCSCB’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCSCB, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the OCC DBO or the FDIC would agree with the loan classifications established by TCFCSCB); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September June 30, 20222015; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC SCB or any of its Subsidiaries, or to TCFCSCB’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC HEOP and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCHeritage Oaks Bank’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFCHEOP’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC HEOP to SHBI PPBI accurately reflect reflects in all material respects the Loan portfolio of TCFC HEOP and its Subsidiaries as of the date of such loan tape. (ii) TCFC HEOP has set forth in Section 5.03(r)(ii) of TCFCHEOP’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFCHEOP’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCHEOP, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the OCC DBO or the FDIC would agree with the loan classifications established by TCFCHEOP); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30, 20222016; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC HEOP or any of its Subsidiaries, or to TCFCHEOP’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.

Loans; Nonperforming and Classified Assets. (i) Each Loan on the books and records of TCFC Severn and its Subsidiaries was made and has been serviced in all material respects in accordance with CBCSSB’s lending standards in the ordinary course of business, is evidenced in all material respects by appropriate and sufficient documentation and, to TCFCSevern’s Knowledge, constitutes the legal, valid and binding obligation of the obligor named therein, subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditor’s rights or by general equity principles. The Loan data tapes previously provided by TCFC Severn to SHBI accurately reflect in all material respects the Loan portfolio of TCFC Severn and its Subsidiaries as of the date of such loan tape. (ii) TCFC Severn has set forth in Section 5.03(r)(ii) of TCFCSevern’s Disclosure Schedule as of November 30, 2022the date hereof: (A) any Loan under the terms of which the obligor is 90 60 or more days delinquent in payment of principal or interest, on non-accrual status, or to TCFCSevern’s Knowledge, in default of any other material provision thereof; (B) each Loan which has been classified as “substandard,” “doubtful,” “loss” or “special mention” (or words of similar import) by TCFCSevern, any of its Subsidiaries or an applicable regulatory authority (it being understood that no representation is being made that the OCC would agree with the loan classifications established by TCFCSevern); (C) a listing of the OREO acquired by foreclosure or by deed-in-lieu thereof, including the book value thereof as of September 30, 20222020; and (D) each Loan with any director, executive officer or five percent or greater shareholder of TCFC Severn or any of its Subsidiaries, or to TCFCSevern’s Knowledge, any Person controlling, controlled by or under common control with, any of the foregoing.