Common use of Technology Systems Clause in Contracts

Technology Systems. (i) Except as set forth in Section 3.2(r) of the Kinderhook Disclosure Letter, no action will be necessary as a result of the transactions contemplated by this Agreement to enable use of the Technology Systems to continue following the Effective Time to the same extent and in the same manner that it has been used by Kinderhook and its Subsidiaries prior to the Effective Time. (ii) The Technology Systems (for a period of eighteen (18) months prior to the Effective Time) have not suffered unplanned disruption causing a Material Adverse Effect on Kinderhook. Except for ongoing payments due under Contracts with third parties, the Technology Systems are free from any Liens (other than Permitted Liens). Access to business-critical parts of the Technology Systems is not shared with any third party. (iii) Kinderhook has furnished to Community a true and correct copy of Kinderhook’s disaster recovery and business continuity arrangements. (iv) Neither Kinderhook nor any of its Subsidiaries has received notice of or is aware of any material circumstances, including the execution of this Agreement or the Bank Merger Agreement or the consummation of the transactions contemplated hereby or thereby, that would enable any third party to terminate any of Kinderhook’s or any of its Subsidiaries’ agreements or arrangements relating to the Technology Systems (including maintenance and support).

Technology Systems. (i) Except as set forth in Section 3.2(r) To the Knowledge of the Kinderhook Disclosure LetterMerchants, no action will be necessary as a result of the transactions contemplated by this Agreement to enable use of the Technology Systems to continue following by the Effective Time Surviving Corporation and its Subsidiaries to the same extent and in the same manner that it has been used by Kinderhook Merchants and its Subsidiaries prior to the Effective Time. (ii) The Technology Systems (for a period of eighteen (18) months prior to the Effective Time) have not suffered unplanned disruption causing a Material Adverse Effect on KinderhookMerchants. Except for ongoing payments due under Contracts with third parties, the Technology Systems are free from any Liens (other than Permitted Liens). Access to business-critical parts of the Technology Systems is not shared with any third party. (iii) Kinderhook Merchants has furnished to Community a true and correct copy of Kinderhook’s Merchants' disaster recovery and business continuity arrangements. (iv) Neither Kinderhook Merchants nor any of its Subsidiaries has received notice of or is aware of any material circumstances, including the execution of this Agreement or the Bank Merger Agreement or the consummation of the transactions contemplated hereby or thereby, that would enable any third party to terminate any of Kinderhook’s Merchants' or any of its Subsidiaries’ ' agreements or arrangements relating to the Technology Systems (including maintenance and support).

Technology Systems. (i) Except as set forth in Section 3.2(r) To the Knowledge of the Kinderhook Disclosure LetterMerchants, no action will be necessary as a result of the transactions contemplated by this Agreement to enable use of the Technology Systems to continue following by the Effective Time Surviving Corporation and its Subsidiaries to the same extent and in the same manner that it has been used by Kinderhook Merchants and its Subsidiaries prior to the Effective Time. (ii) The Technology Systems (for a period of eighteen (18) months prior to the Effective Time) have not suffered unplanned disruption causing a Material Adverse Effect on KinderhookMerchants. Except for ongoing payments due under Contracts with third parties, the Technology Systems are free from any Liens (other than Permitted Liens). Access to business-critical parts of the Technology Systems is not shared with any third party. (iii) Kinderhook Merchants has furnished to Community a true and correct copy of Kinderhook’s Merchants’ disaster recovery and business continuity arrangements. (iv) Neither Kinderhook Merchants nor any of its Subsidiaries has received notice of or is aware of any material circumstances, including the execution of this Agreement or the Bank Merger Agreement or the consummation of the transactions contemplated hereby or thereby, that would enable any third party to terminate any of Kinderhook’s Merchants’ or any of its Subsidiaries’ agreements or arrangements relating to the Technology Systems (including maintenance and support).