Common use of CPP/CDCI Securities Clause in Contracts

CPP/CDCI Securities. To the extent that the Company participated in the Troubled Asset Relief Program Capital Purchase Program (“CPP”) or the CDCI prior to the Signing Date and the Company has any Preferred Stock or other securities issued in connection with its participation in the CPP or the CDCI (the “CPP/CDCI Securities”) outstanding, the Company has (i) not breached any representation, warranty or covenant set forth in any of the documents governing the CPP/CDCI Securities or its sale to Investor and (ii) paid to Investor [Insert for cumulative Preferred Shares: all accrued and unpaid dividends and/or interest then due on the CPP/CDCI Securities.] [Insert for non-cumulative Preferred Shares: all unpaid dividends and/or interest due on the CPP/CDCI Securities for the fiscal quarter prior to the Closing Date plus the accrued and unpaid dividends and/or interest due on the CPP/CDCI Securities as of the Closing Date for the fiscal quarter in which the Closing shall occur.]