Common use of Risk Management Instruments Clause in Contracts

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Discover, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover or any of its Subsidiaries or for the account of a customer of Discover or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Discover, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverBuyer, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions Derivative Transactions and risk management arrangements, whether entered into for the account of Discover Buyer or any of its Subsidiaries or for the account of a customer of Discover Buyer or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency Governmental Authority and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover Buyer or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover Buyer and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of DiscoverBuyer, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected likely to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverHuntington, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover Huntington or any of its Subsidiaries or for the account of a customer of Discover Huntington or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover Huntington or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover Huntington and each of its Subsidiaries have duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of DiscoverHuntington, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverCompany, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions Derivative Transactions and risk management arrangements, whether entered into for the account of Discover Company or any of its Subsidiaries or for the account of a customer of Discover Company or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency Governmental Authority and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover Company or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover Company and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of DiscoverCompany, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected likely to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverFirstMerit, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover FirstMerit or any of its Subsidiaries or for the account of a customer of Discover FirstMerit or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover FirstMerit or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover FirstMerit and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of DiscoverFirstMerit, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverSASR, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover SASR or any of its Subsidiaries or for the account of a customer of Discover SASR or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any SASR Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover SASR or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover SASR and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of DiscoverSASR’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverAtlantic Capital, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover Atlantic Capital or any of its Subsidiaries or for the account of a customer of Discover Atlantic Capital or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover Atlantic Capital or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover Atlantic Capital and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of DiscoverAtlantic Capital’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverAUB, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover AUB or any of its Subsidiaries or for the account of a customer of Discover AUB or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any AUB Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover AUB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover AUB and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of DiscoverAUB’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverParent, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover Parent or any of its the Parent Subsidiaries or for the account of a customer of Discover Parent or one any of its Subsidiaries, the Parent Subsidiaries were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover Parent or one of its the Parent Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability ExceptionsBankruptcy and Equity Exception). Discover Parent and each of its the Parent Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of DiscoverParent, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on DiscoverIBTX, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover IBTX or any of its Subsidiaries or for the account of a customer of Discover IBTX or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover IBTX or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover IBTX and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of DiscoverIBTX’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Discoverthe Company, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Discover the Company or any of its the Company Subsidiaries or for the account of a customer of Discover the Company or one any of its the Company Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Discover the Company or one of its the Company Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Discover The Company and each of its the Company Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Discoverthe Company, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.