Common use of Securities Documents and Regulatory Reports Clause in Contracts

Securities Documents and Regulatory Reports. (a) First SecurityFed's Securities Documents filed after December 31, 1999, (i) compiled in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents the financial position of First SecurityFed and its Subsidiaries as of its date, and each of the statements of income or results of operations and changes in stockholders' equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' equity and cash flows, as the case may be, of First SecurityFed and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings Bank since January 1, 1998 by the OTS or any other Regulatory Authority, First Security Federal Savings Bank was not required to correct or change any action, procedure or proceeding which First SecurityFed believes has not been corrected or changed as required. The last examination of First Security Federal Savings Bank by the OTS was as of June 17, 2003. 27 Next Page

Securities Documents and Regulatory Reports. (a) First SecurityFed's Securities Documents Since January 1, 2013, Parent has filed after December 31or furnished on a timely basis with the Commission all final registration statements, 1999prospectuses, annual, quarterly or current reports and definitive proxy statements or other communications (i) compiled other than general advertising materials), forms, reports, schedules, statements or other documents required to be filed or furnished by it pursuant to the 1933 Act or the 1934 Act, or the rules and regulations promulgated by the Commission (all such filed or furnished documents since January 1, 2013, together with all exhibits and schedules thereto and all information incorporated therein by reference, the “Parent SEC Documents”). As of the respective dates of their filing or being furnished (and, in the case of registration statements and proxy statements, as of the dates of their effectiveness and the dates of mailing, respectively), except to the extent that any Parent SEC Document has been amended or superseded by a subsequently filed Parent SEC Document prior to the date hereof, in which case, as of the date of such amended or superseded filing, each such final registration statement, prospectus, annual, quarterly or current report and definitive proxy statement or other communication, form, report, schedule statement or other document, as of its date, complied or, if not yet filed or furnished, will comply in all material respects with all Laws applicable to the applicable requirements under Parent SEC Documents (including the Securities Act or the Exchange 1933 Act, the 1934 Act and the Xxxxxxxx-Xxxxx Act of 2002, as the case may beamended) and did not, and (ii) did not any Parent SEC Documents filed with or furnished to the Commission subsequent to the date of this Agreement will not, contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents the financial position of First SecurityFed and its Subsidiaries provided, that information as of its a later date filed publicly prior to the date hereof shall be deemed to modify information as of an earlier date, and each of the statements of income or results of operations and changes in stockholders' equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' equity and cash flows, as the case may be, of First SecurityFed and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed Since January 1, 2012, Parent and its Subsidiaries Acquiror have duly filed in correct form all monthly, quarterly and timely filed annual reports, forms, correspondence, registrations and statements, together with all applicable Regulatory Authorities all reports any amendments required to be filed by them under applicable laws and regulations and such reports made with respect thereto, that they were complete and accurate in all material respects and in compliance in all material respects required to file with the requirements MCB, FDIC, the FRB and any other federal or state Governmental Entity having jurisdiction over Parent and/or Acquiror, other than the Commission, and have paid all fees and assessments due and payable in connection therewith, except where the failure to file (or furnish, as applicable) such monthly, quarterly and annual reports, forms, correspondence, registrations and statements, individually or in the aggregate, is not reasonably likely to have a Parent Material Adverse Effect. As of their filing date, each such report or other filing did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. To the extent not prohibited by Law, Parent has delivered or made available to Seller accurate and complete copies of such reports, forms, correspondence, registrations and statements. Parent Disclosure Schedule 4.8 lists all examinations of Parent and Acquiror conducted by the applicable laws bank regulatory authorities since January 1, 2013 and regulationsthe dates of any responses submitted thereto. In connection with the most recent examinations of First Security Federal Savings Bank since January 1, 1998 Parent or any of the subsidiaries by the OTS or applicable bank regulatory authorities, neither Parent nor any other Regulatory Authority, First Security Federal Savings Bank of its subsidiaries was not required to materially correct or change any action, procedure or proceeding which First SecurityFed Parent or Acquiror believes has not been now corrected or changed as required. The last Other than its normal examinations, there is no proceeding, examination or investigation pending or, to the Knowledge of First Security Federal Savings Bank Parent or Acquiror, threatened by the OTS was as of June 17, 2003. 27 Next Pageany Governmental Entity with respect to Parent’s or Acquiror’s business or operations.

Securities Documents and Regulatory Reports. (a) First SecurityFed's MFB’s Securities Documents filed after December 31September 30, 19992003, (i) compiled complied in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents in all material respects the financial position of First SecurityFed MFB and its Subsidiaries as of its date, and each of the statements of income or results of operations and changes in stockholders' shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' shareholders’ equity and cash flows, as the case may be, of First SecurityFed MFB and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed MFB and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings Bank MFB Financial since January 1September 30, 1998 2003 by the OTS OTS, the FDIC or any other Regulatory Authority, First Security Federal Savings Bank MFB Financial was not required to correct or change any action, procedure or proceeding which First SecurityFed MFB believes has not been corrected or changed as required. The As of the date hereof, the last examination of First Security Federal Savings Bank MFB Financial by the OTS was as of June 1725, 2003. 27 Next Page2007.

Securities Documents and Regulatory Reports. (a) First SecurityFedMB's Securities Documents filed after December 31, 1999, (i) compiled in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or 38 Next Page statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents the financial position of First SecurityFed MB and its Subsidiaries as of its date, and each of the statements of income or results of operations and changes in stockholders' equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' equity and cash flows, as the case may be, of First SecurityFed MB and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed MB and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings MB Bank since January 1, 1998 by the OTS OCC or any other Regulatory Authority, First Security Federal Savings MB Bank was not required to correct or change any action, procedure or proceeding which First SecurityFed MB believes has not been corrected or changed as required. The last examination of First Security Federal Savings Bank by the OTS was as of June 17, 2003. 27 Next Page.

Securities Documents and Regulatory Reports. (a) First SecurityFedSeller's Securities Documents filed after December 31, 19991998, (i) compiled complied in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in therein or incorporated therein by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents the financial position of First SecurityFed Seller and its Subsidiaries as of its date, and each of the statements of income or results of operations and changes in stockholders' equity and cash flows or equivalent statements in such Securities Documents contained therein (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' equity and cash flows, as the case may be, of First SecurityFed Seller and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed Seller and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings Seller Bank since January 1, 1998 1999 by the OTS or any other Regulatory Authority, First Security Federal Savings Seller Bank was not required to correct or change any action, procedure or proceeding which First SecurityFed Seller believes has not been corrected or changed as required. The last examination of First Security Federal Savings Seller Bank by the OTS was as of June 17December 31, 2003. 27 Next Page2002.

Securities Documents and Regulatory Reports. (a) First SecurityFed's XXXX’x Securities Documents filed after December 31, 19992002, (i) compiled in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents in all material respects the financial position of First SecurityFed XXXX and its Subsidiaries as of its date, and each of the statements of income or results of operations and changes in stockholders' shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' shareholders’ equity and cash flows, as the case may be, of First SecurityFed XXXX and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed XXXX and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings OB Bank since January 1December 31, 1998 2002 by the OTS Illinois Bank Regulator, the FDIC or any other Regulatory Authority, First Security Federal Savings OB Bank was not required to correct or change any action, procedure or proceeding which First SecurityFed XXXX believes has not been corrected or changed as required. The As of the date hereof, the last examination of First Security Federal Savings OB Bank by the OTS Illinois Bank Regulator or the FDIC was as of June 17December 31, 2003. 27 Next Page2005.

Securities Documents and Regulatory Reports. (a) First SecurityFed's FXXX’x Securities Documents filed after December 31, 19992002, (i) compiled in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents in all material respects the financial position of First SecurityFed FXXX and its Subsidiaries as of its date, and each of the statements of income or results of operations and changes in stockholders' shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' shareholders’ equity and cash flows, as the case may be, of First SecurityFed FXXX and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed FXXX and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings OB Bank since January 1December 31, 1998 2002 by the OTS Illinois Bank Regulator, the FDIC or any other Regulatory Authority, First Security Federal Savings OB Bank was not required to correct or change any action, procedure or proceeding which First SecurityFed FXXX believes has not been corrected or changed as required. The As of the date hereof, the last examination of First Security Federal Savings OB Bank by the OTS Illinois Bank Regulator or the FDIC was as of June 17December 31, 2003. 27 Next Page2005.

Securities Documents and Regulatory Reports. (a) First SecurityFed's Except for SEC online filings available on the SEC web site, the Company has previously delivered or made available to representatives of FFG and AAC a complete copy of each final registration statement, prospectus, annual, quarterly or current report and definitive proxy statement or other communication (other than general advertising materials) filed pursuant to the Securities Documents filed after December 31Act of 1933, 1999as amended ("1933 Act"), or the Securities Exchange Act of 1934, as amended (i) compiled "1934 Act"), or mailed by the Company to its stockholders as a class since January 1, 1998, and each such final registration statement, prospectus, annual, quarterly or current report and definitive proxy statement or other communication, as of its date, complied in all material respects with the all applicable requirements under the Securities Act or the Exchange Actstatutes, as the case may be, rules and (ii) regulations and did not contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets or statements of condition contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents the financial position of First SecurityFed and its Subsidiaries provided that information as of its a later date shall be deemed to modify information as of an earlier date, and each of the statements of income or results of operations and changes in stockholders' equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in stockholders' equity and cash flows, as the case may be, of First SecurityFed and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) First SecurityFed Since January 1, 1998, the Company and its Subsidiaries the Bank have duly and timely filed with all applicable Regulatory Authorities all the OTS, in materially correct form the monthly, quarterly and annual reports required to be filed by them under applicable laws and regulations regulations, and the Company has delivered or made available to representatives of FFG and AAC accurate and complete copies of such reports were complete and accurate in reports. Company Disclosure Schedule 2.09 lists all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In connection with the examinations of First Security Federal Savings the Company or the Bank conducted by the applicable regulatory authorities since January 1, 1998 and the dates of any responses thereto submitted by the OTS Company or any other Regulatory Authoritythe Bank. Except as set forth in Company Disclosure Schedule 2.09, First Security Federal Savings in connection with the most recent examinations of the Company or the Bank was not by the applicable regulatory authorities, neither the Company nor the Bank were required to correct or change any action, procedure or proceeding which First SecurityFed believes the Company or the Bank believe has not been now corrected or changed as required. The last examination of First Security Federal Savings Bank by required other than corrections or changes which, if not made, either individually or in the OTS was as of June 17aggregate, 2003. 27 Next Pagewould not have a Material Adverse Effect.