Common use of Current Information Clause in Contracts

Current Information. 6.2.1. During the period from the date of this Agreement to the Effective Time, ABNJ will cause one or more of its representatives to confer with representatives of Investors and report the general status of its ongoing operations at such times as Investors may reasonably request. ABNJ will promptly notify Investors of any material change in the normal course of its business or in the operation of its properties and, to the extent permitted by applicable law, of any governmental complaints, investigations or hearings (or communications indicating that the same may be contemplated), or the institution or the threat of material litigation involving ABNJ or any ABNJ Subsidiary. Without limiting the foregoing, senior officers of Investors and ABNJ shall meet on a reasonably regular basis (expected to be at least monthly) to review the financial and operational affairs of ABNJ and its Subsidiaries, in accordance with applicable law, and ABNJ shall give due consideration to Investors’ input on such matters, with the understanding that, notwithstanding any other provision contained in this Agreement, neither Investors nor any Investors Subsidiary shall under any circumstance be permitted to exercise control of ABNJ or any ABNJ Subsidiary prior to the Effective Time. 6.2.2. American Bank and Investors Savings Bank shall meet on a regular basis to discuss and plan for the conversion of American Bank’s data processing and related electronic informational systems to those used by Investors Savings Bank, which planning shall include, but not be limited to, discussion of the possible termination by American Bank of third-party service provider arrangements effective at the Effective Time or at a date thereafter, non-renewal of personal property leases and software licenses used by American Bank in connection with its systems operations, retention of outside consultants and additional employees to assist with the conversion, and outsourcing, as appropriate, of proprietary or self-provided system services, it being understood that American Bank shall not be obligated to take any such action prior to the Effective Time and, unless American Bank otherwise agrees, no conversion shall take place prior to the Effective Time. In the event that American Bank takes, at the request of Investors Savings Bank, any action relative to third parties to facilitate the conversion that results in the imposition of any termination fees or charges, Investors Savings Bank shall indemnify American Bank for any such fees and charges, and the costs of reversing the conversion process, if for any reason the Merger is not consummated for any reason other than a breach of this Agreement by ABNJ, or a termination of this Agreement under Section 11.1.8 or 11.1.9. 6.2.3. American Bank shall provide Investors Savings Bank, within fifteen (15) business days of the end of each calendar month, a written list of nonperforming assets (the term “nonperforming assets,” for purposes of this subsection, means (i) loans that are “troubled debt restructuring” as defined in Statement of Financial Accounting Standards No. 15, “Accounting by Debtors and Creditors for Troubled Debt Restructuring,” (ii) loans on nonaccrual, (iii) real estate owned, (iv) all loans ninety (90) days or more past due) as of the end of such month and (iv) and impaired loans. On a monthly basis, ABNJ shall provide Investors Savings Bank with a schedule of all loan approvals, which schedule shall indicate the loan amount, loan type and other material features of the loan. 6.2.4. ABNJ shall promptly inform Investors upon receiving notice of any legal, administrative, arbitration or other proceedings, demands, notices, audits or investigations (by any federal, state or local commission, agency or board) relating to the alleged liability of ABNJ or any ABNJ Subsidiary under any labor or employment law.

Current Information. 6.2.1. During the period from the date of this Agreement to the Effective Time, ABNJ HNC will cause one or more of its representatives to confer with representatives of Investors FNFG and report the general status of its ongoing operations at such times as Investors FNFG may reasonably request. ABNJ HNC will promptly notify Investors FNFG of any material change in the normal course of its business or in the operation of its properties and, to the extent permitted by applicable law, of any governmental complaints, investigations or hearings (or communications indicating that the same may be contemplated), or the institution or the threat of material litigation involving ABNJ HNC or any ABNJ HNC Subsidiary. Without limiting the foregoing, senior officers of Investors FNFG and ABNJ HNC shall meet on a reasonably regular basis (expected to be at least monthly) to review the financial and operational affairs of ABNJ HNC and its Subsidiaries, in accordance with applicable law, and ABNJ HNC shall give due consideration to Investors’ FNFG’s input on such matters, with the understanding that, notwithstanding any other provision contained in this Agreement, neither Investors FNFG nor any Investors FNFG Subsidiary shall under any circumstance be permitted to exercise control of ABNJ HNC or any ABNJ HNC Subsidiary prior to the Effective Time. 6.2.2. American Bank HNB and Investors Savings First Niagara Bank shall meet on a regular basis to discuss and plan for the conversion of American BankHNB’s data processing and related electronic informational systems to those used by Investors Savings First Niagara Bank, which planning shall include, but not be limited to, discussion of the possible termination by American Bank HNB of third-party service provider arrangements effective at the Effective Time or at a date thereafter, non-renewal of personal property leases and software licenses used by American Bank HNB in connection with its systems operations, retention of outside consultants and additional employees to assist with the conversion, and outsourcing, as appropriate, of proprietary or self-provided system services, it being understood that American Bank HNB shall not be obligated to take any such action prior to the Effective Time and, unless American Bank HNB otherwise agrees, no conversion shall take place prior to the Effective Time. In the event that American Bank HNB takes, at the request of Investors Savings First Niagara Bank, any action relative to third parties to facilitate the conversion that results in the imposition of any termination fees or charges, Investors Savings First Niagara Bank shall indemnify American Bank HNB for any such fees and charges, and the costs of reversing the conversion process, if for any reason the Merger is not consummated for any reason other than a breach of this Agreement by ABNJHNC, or a termination of this Agreement under Section 11.1.8 or 11.1.9. 6.2.3. American Bank HNB shall provide Investors Savings First Niagara Bank, within fifteen (15) business days of the end of each calendar month, a written list of nonperforming assets (the term “nonperforming assets,” for purposes of this subsection, means (i) loans that are “troubled debt restructuring” as defined in Statement of Financial Accounting Standards No. 15, “Accounting by Debtors and Creditors for Troubled Debt Restructuring,” (ii) loans on nonaccrual, (iii) real estate owned, (iv) all loans ninety (90) days or more past due) as of the end of such month and (iv) and impaired loans. On a monthly basis, ABNJ HNC shall provide Investors Savings First Niagara Bank with a schedule of all loan approvals, which schedule shall indicate the loan amount, loan type and other material features of the loan. 6.2.4. ABNJ HNC shall promptly inform Investors FNFG upon receiving notice of any legal, administrative, arbitration or other proceedings, demands, notices, audits or investigations (by any federal, state or local commission, agency or board) relating to the alleged liability of ABNJ HNC or any ABNJ HNC Subsidiary under any labor or employment law.

Current Information. 6.2.1. During the period from the date of this Agreement to the Effective Time, ABNJ HRB will cause one or more of its representatives to confer with representatives of Investors FNFG and report the general status of its ongoing operations at such times as Investors FNFG may reasonably request. ABNJ HRB will promptly notify Investors FNFG of any material change in the normal course of its business or in the operation of its properties and, to the extent permitted by applicable law, of any governmental complaints, investigations or hearings (or communications indicating that the same may be contemplated), or the institution or the threat of material litigation involving ABNJ HRB or any ABNJ HRB Subsidiary. Without limiting the foregoing, senior officers of Investors FNFG and ABNJ HRB shall meet on a reasonably regular basis (expected to be at least monthly) to review the financial and operational affairs of ABNJ HRB and its Subsidiaries, in accordance with applicable law, and ABNJ HRB shall give due consideration to Investors’ FNFG's input on such matters, with the understanding that, notwithstanding any other provision contained in this Agreement, neither Investors FNFG nor any Investors FNFG Subsidiary shall under any circumstance be permitted to exercise control of ABNJ HRB or any ABNJ HRB Subsidiary prior to the Effective Time. 6.2.2. American Bank HRBT and Investors Savings First Niagara Bank shall meet on a regular basis to discuss and plan for the conversion of American Bank’s HRBT's data processing and related electronic informational systems to those used by Investors Savings First Niagara Bank, which planning shall include, but not be limited to, discussion of the possible termination by American Bank HRBT of third-party service provider arrangements effective at the Effective Time or at a date thereafter, non-renewal of personal property leases and software licenses used by American Bank HRBT in connection with its systems operations, retention of outside consultants and additional employees to assist with the conversion, and outsourcing, as appropriate, of proprietary or self-provided system services, it being understood that American Bank HRBT shall not be obligated to take any such action prior to the Effective Time and, unless American Bank HRBT otherwise agrees, no conversion shall take place prior to the Effective Time. In the event that American Bank HRBT takes, at the request of Investors Savings First Niagara Bank, any action relative to third parties to facilitate the conversion that results in the imposition of any termination fees or charges, Investors Savings First Niagara Bank shall indemnify American Bank HRBT for any such fees and charges, and the costs of reversing the conversion process, if for any reason the Merger is not consummated for any reason other than a breach of this Agreement by ABNJHRB, or a termination of this Agreement under Section 11.1.8 or 11.1.9. 6.2.3. American Bank HRBT shall provide Investors Savings First Niagara Bank, within fifteen (15) business days of the end of each calendar month, a written list of nonperforming assets (the term “"nonperforming assets,” " for purposes of this subsection, means (i) loans that are “"troubled debt restructuring” " as defined in Statement of Financial Accounting Standards No. 15, “"Accounting by Debtors and Creditors for Troubled Debt Restructuring,” " (ii) loans on nonaccrual, (iii) real estate owned, (iv) all loans ninety (90) days or more past due) as of the end of such month and (iv) and impaired loans. On a monthly basis, ABNJ HRB shall provide Investors Savings First Niagara Bank with a schedule of all loan approvals, which schedule shall indicate the loan amount, loan type and other material features of the loan. 6.2.4. ABNJ HRB shall promptly inform Investors FNFG upon receiving notice of any legal, administrative, arbitration or other proceedings, demands, notices, audits or investigations (by any federal, state or local commission, agency or board) relating to the alleged liability of ABNJ HRB or any ABNJ HRB Subsidiary under any labor or employment law.

Current Information. 6.2.1. During the period from the date of this Agreement to the Effective Time, ABNJ GLB will cause one or more of its representatives to confer with representatives of Investors FNFG and report the general status of its ongoing operations at such times as Investors FNFG may reasonably request. ABNJ GLB will promptly notify Investors FNFG of any material change in the normal course of its business or in the operation of its properties and, to the extent permitted by applicable law, of any governmental complaints, investigations or hearings (or communications indicating that the same may be contemplated), or the institution or the threat of material litigation involving ABNJ GLB or any ABNJ GLB Subsidiary. Without limiting the foregoing, senior officers of Investors FNFG and ABNJ GLB shall meet on a reasonably regular basis (expected to be at least monthly) to review the financial and operational affairs of ABNJ GLB and its Subsidiaries, in accordance with applicable law, and ABNJ GLB shall give due consideration to Investors’ FNFG’s input on such matters, with the understanding that, notwithstanding any other provision contained in this Agreement, neither Investors FNFG nor any Investors FNFG Subsidiary shall under any circumstance be permitted to exercise control of ABNJ GLB or any ABNJ GLB Subsidiary prior to the Effective Time. 6.2.2. American Bank GBSB and Investors Savings First Niagara Bank shall meet on a regular basis to discuss and plan for the conversion of American BankGBSB’s data processing and related electronic informational systems to those used by Investors Savings First Niagara Bank, which planning shall include, but not be limited to, discussion of the possible termination by American Bank GBSB of third-party service provider arrangements effective at the Effective Time or at a date thereafter, non-renewal of personal property leases and software licenses used by American Bank GBSB in connection with its systems operations, retention of outside consultants and additional employees to assist with the conversion, and outsourcing, as appropriate, of proprietary or self-provided system services, it being understood that American Bank GBSB shall not be obligated to take any such action prior to the Effective Time and, unless American Bank GBSB otherwise agrees, no conversion shall take place prior to the Effective Time. In the event that American Bank GBSB takes, at the request of Investors Savings First Niagara Bank, any action relative to third parties to facilitate the conversion that results in the imposition of any termination fees or charges, Investors Savings First Niagara Bank shall indemnify American Bank GBSB for any such fees and charges, and the costs of reversing the conversion process, if for any reason the Merger is not consummated for any reason other than a breach of this Agreement by ABNJGLB, or a termination of this Agreement under Section 11.1.8 or 11.1.9. 6.2.3. American Bank GBSB shall provide Investors Savings First Niagara Bank, within fifteen (15) business days of the end of each calendar month, a written list of nonperforming assets (the term “nonperforming assets,” for purposes of this subsection, means (i) loans that are “troubled debt restructuring” as defined in Statement of Financial Accounting Standards No. 15, “Accounting by Debtors and Creditors for Troubled Debt Restructuring,” (ii) loans on nonaccrual, (iii) real estate owned, (iv) all loans ninety (90) days or more past due) as of the end of such month and (iv) and impaired loans. On a monthly basis, ABNJ GLB shall provide Investors Savings First Niagara Bank with a schedule of all loan approvals, which schedule shall indicate the loan amount, loan type and other material features of the loan. 6.2.4. ABNJ GLB shall promptly inform Investors FNFG upon receiving notice of any legal, administrative, arbitration or other proceedings, demands, notices, audits or investigations (by any federal, state or local commission, agency or board) relating to the alleged liability of ABNJ GLB or any ABNJ GLB Subsidiary under any labor or employment law.

Current Information. 6.2.1. (a) During the period from the date of this Agreement to the Effective Time, ABNJ Seller will cause one or more of its representatives (as designated by Seller’s chief executive officer from time to time) to confer with representatives of Investors Buyer and report the general status of its ongoing operations at such times as Investors Buyer may reasonably request. ABNJ Seller will promptly notify Investors Buyer of any material change in the normal ordinary course of its business or in the operation of its properties and, to the extent permitted by applicable law, of any governmental complaintscomplaint, investigations investigation or hearings hearing (or communications indicating that the same may be contemplated), or the institution or the threat of material litigation involving ABNJ Seller or any ABNJ Seller Subsidiary. Without limiting the foregoingAny information provided pursuant to this Section 5.02, senior officers of Investors 5.03, 5.04 and ABNJ shall meet on a reasonably regular basis (expected to 5.12, will be at least monthly) to review the financial and operational affairs of ABNJ and its Subsidiaries, in accordance with applicable law, and ABNJ shall give due consideration to Investors’ input on such matters, with the understanding that, notwithstanding any other provision contained in this Agreement, neither Investors nor any Investors Subsidiary shall under any circumstance be permitted to exercise control of ABNJ or any ABNJ Subsidiary prior subject to the Effective TimeConfidentiality Agreement and may be used only to facilitate the transactions contemplated hereby. 6.2.2. American (b) Fairmount Bank and Investors Savings ▇▇▇▇▇▇▇▇ Bank shall meet on a regular basis to discuss and plan for the conversion of American Fairmount Bank’s data processing and related electronic informational systems to those used by Investors Savings ▇▇▇▇▇▇▇▇ Bank, which planning shall include, but not be limited to, discussion of the possible termination by American Fairmount Bank of third-party service provider arrangements effective at the Effective Time or at a date thereafter, non-renewal of personal property leases and software licenses used by American Fairmount Bank in connection with its systems operations, retention of outside consultants and additional employees to assist with the conversion, and outsourcing, as appropriate, of proprietary or self-provided system services, it being understood that American Fairmount Bank shall not be obligated to take any such action prior to the Effective Time and, unless American Fairmount Bank otherwise agrees, no conversion shall take place prior to the Effective Time. In the event that American Fairmount Bank takes, at the request of Investors Savings ▇▇▇▇▇▇▇▇ Bank, any action relative to third parties to facilitate the conversion that results in the imposition of any termination fees or charges, Investors Savings ▇▇▇▇▇▇▇▇ Bank shall indemnify American Fairmount Bank for any all such fees and charges, and the costs of reversing the conversion process, if for any reason the Merger is not consummated for any reason other than a breach of this Agreement by ABNJ, or a termination of this Agreement under Section 11.1.8 or 11.1.9Seller. 6.2.3. American (c) On a monthly basis, Fairmount Bank shall provide Investors Savings Bank, within fifteen (15) business days of the end of each calendar month, ▇▇▇▇▇▇▇▇ Bank a written list of nonperforming assets as of the prior month end (the term “nonperforming assets,” for purposes of this subsection, means (i) loans that are “troubled debt restructuring” as defined in Statement of Financial Accounting Standards No. 15Board Accounting Standards Codification 310-40, “Accounting by Debtors and Creditors for Troubled Debt RestructuringRestructuring by Creditors,” as updated by Accounting Standards Update 2011-02”, (ii) loans on nonaccrual, (iii) real estate ownedOREO, (iv) all loans ninety (90) days or more past due) due as of the end of such month and (iv) and impaired loans. On a monthly basis, ABNJ Fairmount Bank shall provide Investors Savings ▇▇▇▇▇▇▇▇ Bank with a schedule of all loan approvals, which schedule shall indicate the loan amount, loan type and other material features of the loan. 6.2.4. ABNJ (d) Seller shall promptly inform Investors Buyer upon receiving notice of any each legal, administrative, arbitration or other proceedingsproceeding, demandsdemand, noticesnotice, audits audit or investigations investigation (by any federal, state or local commission, agency or board) relating to the alleged liability of ABNJ Seller or any ABNJ Seller Subsidiary under any labor or employment law.