Common use of Customer Relationships Clause in Contracts

Customer Relationships. Except as would not be material to Bank, since January 1, 2022, each trust, insurance or wealth management customer of Bank has been originated and serviced (i) in conformity with the applicable policies of Bank, (ii) in accordance with the terms of any applicable contract governing the relationship with such customer and (iii) in compliance with all applicable laws and regulations. Except as would not be material to Bank, each contract governing a relationship with a trust, insurance or wealth management customer of Bank has been duly and validly executed by Bank and, to the knowledge of Bank, the other contracting parties, and each such contract constitutes a valid and binding obligation of the parties thereto, except as such enforceability may be limited by the Enforceability Exceptions, and Bank and, to the knowledge of Bank, the other contracting parties thereto, have duly performed in all material respects their obligations thereunder, and Bank and, to the knowledge of Bank, such other contracting parties are in material compliance with each of the terms thereof. Since January 1, 2022, neither Bank nor any of its directors, officers or employees has committed any material breach of trust or fiduciary duty with respect to any of the accounts maintained on behalf of any trust, insurance or wealth management customer of Bank. Since January 1, 2022, Bank has not been, and is not currently, engaged in any material dispute with, or subject to material claims by, any such trust, insurance or wealth management customer for breach of fiduciary duty or otherwise in connection with any such account.

Appears in 23 contracts

Sources: Investment Agreement (Hawaiian Electric Industries Inc), Investment Agreement (Hawaiian Electric Industries Inc), Investment Agreement (Hawaiian Electric Industries Inc)