Common use of Risk Management Instruments Clause in Contracts

Risk Management Instruments. Except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on SCB, (a) 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 SCB, any of its Subsidiaries or for the account of a customer of SCB 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 believed to be financially responsible at the time and are legal, valid and binding obligations of SCB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity Exception), and are in full force and effect; and (b) SCB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCB’s knowledge, 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 SCBCenterState, (a) 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 SCB, CenterState or any of its Subsidiaries or for the account of a customer of SCB CenterState 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 SCB CenterState or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity ExceptionEnforceability Exceptions), and are in full force and effect; and (b) SCB . CenterState and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBCenterState’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, individually or in the aggregate, a Material Adverse Effect on SCBCBC, (a) 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 SCBCBC, any of its Subsidiaries or for the account of a customer of SCB CBC 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 believed to be financially responsible at the time and are legal, valid and binding obligations of SCB CBC or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity Exception), and are in full force and effect; and (b) SCB CBC and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBCBC’s knowledge, 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 SCBHTLF, (a) 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 SCB, HTLF or any of its Subsidiaries or for the account of a customer of SCB HTLF 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 HTLF Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of SCB HTLF or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity ExceptionEnforceability Exceptions), and are in full force and effect; and (b) SCB . HTLF and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBHTLF’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 havenot, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on SCBPACW, (a) 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 SCBPACW, any of its Subsidiaries or for the account of a customer of SCB PACW 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 Entity and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of SCB PACW or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity ExceptionEnforceability Exceptions), and are in full force and effect; effect and (b) SCB PACW and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBPACW’s knowledge, 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, individually or in the aggregate, a Material Adverse Effect on SCBBrookline, (a) 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 SCBBrookline, any of its Subsidiaries or for the account of a customer of SCB Brookline 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 believed to be financially responsible at the time and are legal, valid and binding obligations of SCB Brookline or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity ExceptionEnforceability Exceptions), and are in full force and effect; and (b) SCB Brookline and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBBxxxxxxxx’s knowledge, 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 SCBUMB, (a) 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 SCB, UMB or any of its Subsidiaries or for the account of a customer of SCB UMB 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 UMB Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of SCB UMB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity ExceptionEnforceability Exceptions), and are in full force and effect; and (b) SCB . UMB and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBUMB’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 havenot, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on SCBBANC, (a) 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 SCBBANC, any of its Subsidiaries or for the account of a customer of SCB BANC 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 Entity and with counterparties believed to be financially responsible at the time and are legal, valid and binding obligations of SCB BANC or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Bankruptcy and Equity ExceptionEnforceability Exceptions), and are in full force and effect; effect and (b) SCB BANC and each of its Subsidiaries have duly performed in all material respects all of their material obligations thereunder to the extent that such obligations to perform have accrued, and, to SCBBANC’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.