Common use of Call Reports Clause in Contracts

Call Reports. The following reports (including all related schedules, notes, and exhibits) were prepared and filed in conformity with applicable regulatory requirements and were correct and complete in all material respects when filed: (a) The consolidated reports of condition and income of the Bank (including any amendments) as of and for each of the fiscal years ended December 31, 2005, 2004, and 2003, and as of and for the fiscal quarters ended March 31, 2006 and June 30, 2006, as filed with the FDIC; and (b) The FR Y-9SP (including any amendments) for Fidelity as of and for each of the fiscal years ended December 31, 2005, 2004, and 2003, as filed with the Federal Reserve Board. All of such reports required to be filed prior to the Effective Time by Fidelity and/or the Bank will be prepared and filed in conformity with applicable regulatory requirements applied consistently throughout their respective periods (except as otherwise noted in such reports) and will be correct and complete in all material respects when filed. All of the reports identified in this Section are collectively referred to as the Call Reports.

Call Reports. The following reports (including all related schedules, notes, and exhibits) were prepared and filed in conformity with applicable regulatory requirements and were correct and complete in all material respects when filed: (a) 3.5.2.1 The consolidated reports of condition and income of the Bank (including any amendments) as of and for each of the fiscal years ended December 31June 30, 20052000, 20041999, and 20031998, and as of and for the fiscal quarters ended September 30, 2000, December 31, 2000 and March 31, 2006 and June 30, 20062001, as filed with the OTS or FDIC, as applicable; and (b) 3.5.2.2 The FR Y-9SP Form H-(b)11 reports (including any amendments) for Fidelity Company as of and for each of the fiscal years ended December 31June 30, 20052000, 20041999, and 20031998, as filed with the Federal Reserve BoardOTS. All of such reports required to be filed prior to the Effective Time by Fidelity Company and/or the Bank will be prepared and filed in conformity with applicable regulatory requirements applied consistently throughout their respective periods (except as otherwise noted in such reports) and will be correct and complete in all material respects when filed. All of the reports identified in this Section 3.5.2 are collectively referred to as the "Call Reports."

Call Reports. The following reports (including all related schedules, notes, and exhibits) were prepared and filed in conformity with applicable regulatory requirements and were correct and complete in all material respects when filed:: -15- (a) The consolidated reports of condition and income of the Home Bank (including any amendments) as of and for each of the fiscal years ended December 31September 30, 20051999, 20041998, and 20031997, and as of and for the fiscal quarters ended December 31, 1999 and March 31, 2006 and June 30, 20062000, as filed with the FDICOTS; and (b) The FR Y-9SP Form H-(b)11 reports (including any amendments) for Fidelity Home as of and for each of the fiscal years ended December 31September 30, 20051999, 20041998, and 20031997, as filed with the Federal Reserve BoardOTS. All of such reports required to be filed prior to the Effective Time by Fidelity Home and/or the Home Bank will be prepared and filed in conformity with applicable regulatory requirements applied consistently throughout their respective periods (except as otherwise noted in such reports) and will be correct and complete in all material respects when filed. All of the reports identified in this Section are collectively referred to as the "Call Reports."

Call Reports. The following reports (including all related schedules, notes, and exhibits) were prepared and filed in conformity with applicable regulatory requirements and were correct and complete in all material respects when filed: (a) The consolidated reports of condition and income of the Shoreline Bank (including any amendments) as of and for each of the fiscal years ended December 31, 20051999, 20041998, and 20031997, and as of and for the fiscal quarters quarter ended March 31, 2006 and June 30, 20062000, as filed with the FDIC; and (b) The FR Y-9SP Y-9C and FR Y-9LP (including any amendments) for Fidelity Shoreline as of and for each of the fiscal years ended December 31, 20051999, 20041998, and 20031997, as filed with the Federal Reserve Board. All of such reports required to be filed prior to the Effective Time by Fidelity Shoreline and/or the Shoreline Bank will be prepared and filed in conformity with applicable regulatory requirements applied consistently throughout their respective periods (except as otherwise noted in such reports) and will be correct and complete in all material respects when filed. All of the reports identified in this Section are collectively referred to as the "Call Reports." 21

Call Reports. The following reports (including all related schedules, notes, and exhibits) were prepared and filed in conformity with applicable regulatory requirements and were correct and complete in all material respects when filed: (a) The consolidated reports of condition and income of the Bank each of Acquirer’s subsidiary banks (including any amendments) as of and for each of the fiscal years ended December 31, 2005, 2004, and 2003, and as of and for the fiscal quarters quarter ended March 31, 2006 and June September 30, 2006, as filed with the FDIC; and (b) The FR Y-9SP Y-9C and FR Y-9LP (including any amendments) for Fidelity Acquirer as of and for each of the fiscal years ended December 31, 2005, 2004, and 2003, as filed with the Federal Reserve Board. All of such reports required to be filed prior to the Effective Time by Fidelity Acquirer and/or the Bank will be prepared and filed in conformity with applicable regulatory requirements applied consistently throughout their respective periods (except as otherwise noted in such reports) and will be correct and complete in all material respects when filed. All of the reports identified in this Section are collectively referred to as the “Call Reports.”

Call Reports. The following reports (including all related schedules, notes, and exhibits) were prepared and filed in conformity with applicable regulatory requirements and were correct and complete in all material respects when filed: (a) The consolidated reports of condition and income of the Bank each of Acquirer’s subsidiary banks (including any amendments) as of and for each of the fiscal years ended December 31, 2005, 2004, 2003, and 20032002, and as of and for the fiscal quarters quarter ended March 31, 2006 and June 30, 20062005, as filed with the FDIC; and (b) The FR Y-9SP Y-9C and FR Y-9LP (including any amendments) for Fidelity Acquirer as of and for each of the fiscal years ended December 31, 2005, 2004, 2003, and 20032002, as filed with the Federal Reserve Board. All of such reports required to be filed prior to the Effective Time by Fidelity Acquirer and/or the Bank will be prepared and filed in conformity with applicable regulatory requirements applied consistently throughout their respective periods (except as otherwise noted in such reports) and will be correct and complete in all material respects when filed. All of the reports identified in this Section are collectively referred to as the “Call Reports.”