Common use of Common Control Clause in Contracts

Common Control. The Company is not in control (as defined in the BHC Act and the Federal Reserve’s Regulation Y (12 CFR Part 225)) (“BHC Act Control”) of any federally insured depository institution other than the Banks. The Banks are not under the BHC Act Control of any company (as defined in the BHC Act and the Federal Reserve’s Regulation Y) other than Company. Neither the Company nor the Banks control, in the aggregate, more than five percent of the outstanding voting class, directly or indirectly, of any federally insured depository institution. The Banks are not subject to the liability of any commonly controlled depository institution pursuant to Section 5(e) of the Federal Deposit Insurance Act (12 U.S.C. § 1815(e)).

Common Control. The Company is not in control (as defined in the BHC Act and the Federal Reserve’s Regulation Y (12 CFR Part 225)) (“BHC Act BHCA Control”) of any federally insured depository institution other than the BanksBank. The Banks are Bank is not under the BHC Act BHCA Control of any company (as defined in the BHC Act BHCA and the Federal Reserve’s Regulation Y) other than Company. Neither the Company nor the Banks controlBank controls, in the aggregate, more than five percent of the outstanding voting class, directly or indirectly, of any federally insured depository institution. The Banks are Bank is not subject to the liability of any commonly controlled depository institution pursuant to Section 5(e) of the Federal Deposit Insurance Act (12 U.S.C. § 1815(e)).