Common use of Enforcement Actions Clause in Contracts

Enforcement Actions. Except as set forth in Section 3.2(h) of the Disclosure Memorandum, (i) neither Tidelands nor any of its subsidiaries is subject to any cease-and-desist or other similar order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is a recipient of any extraordinary supervisory letter from, or is subject to any capital directive by, or has adopted any board resolutions at the request of, the Federal Reserve, the FDIC, the SCBFI or with any other applicable regulatory or governmental agency (a “Regulatory Agreement”), (ii) neither Tidelands nor any of its subsidiaries has been advised by the Federal Reserve, the FDIC, the SCBFI or any other applicable regulatory or governmental agency that it is considering issuing, initiating, ordering, or requesting any such Regulatory Agreement, (iii) Tidelands and each of its subsidiaries are in compliance in all material respects with each Regulatory Agreement to which it is party or subject, and (iv) neither Tidelands nor any of its subsidiaries has received any notice from the Federal Reserve, the FDIC, the SCBFI or any other applicable regulatory or governmental agency indicating that either Tidelands or any of its subsidiaries is not in compliance in all material respects with any such Regulatory Agreement.

Enforcement Actions. Except as set forth in Section 3.2(h3.2(i) of the Disclosure Memorandum, (i) neither Tidelands HPBC nor any of its subsidiaries is subject to any cease-and-desist or other similar order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is a recipient of any extraordinary supervisory letter from, or is subject to any capital directive by, or has adopted any board resolutions at the request of, the Federal Reserve, the FDIC, the SCBFI NCCOB or with any other applicable regulatory or governmental agency (a “Regulatory Agreement”), (ii) neither Tidelands HPBC nor any of its subsidiaries has been advised by the Federal Reserve, the FDIC, the SCBFI NCCOB or any other applicable regulatory or governmental agency that it is considering issuing, initiating, ordering, or requesting any such Regulatory Agreement, (iii) Tidelands HPBC and each of its subsidiaries are in compliance in all material respects with each Regulatory Agreement to which it is party or subject, and (iv) neither Tidelands HPBC nor any of its subsidiaries has received any notice from the Federal Reserve, the FDIC, the SCBFI NCCOB or any other applicable regulatory or governmental agency indicating that either Tidelands HPBC or any of its subsidiaries is not in compliance in all material respects with any such Regulatory Agreement.

Enforcement Actions. Except as set forth in Section 3.2(h3.2(j) of the Disclosure Memorandum, (iA) neither Tidelands Seller nor any of its subsidiaries is subject to any cease-and-desist or other similar order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is a recipient of any extraordinary supervisory letter from, or is subject to any capital directive by, or has adopted any board resolutions at the request of, the Federal Reserve, the FDIC, the SCBFI NCCOB, the DOJ or with any other applicable regulatory or governmental agency (a “Regulatory Agreement”), (iiB) neither Tidelands Seller nor any of its subsidiaries has been advised by the Federal Reserve, the FDIC, the SCBFI NCCOB, the DOJ or any other applicable regulatory or governmental agency that it is considering issuing, initiating, ordering, or requesting any such Regulatory Agreement, (iiiC) Tidelands Seller and each of its subsidiaries are in compliance in all material respects with each Regulatory Agreement to which it is party or subject, and (ivD) neither Tidelands Seller nor any of its subsidiaries has received any notice from the Federal Reserve, the FDIC, the SCBFI NCCOB, the DOJ or any other applicable regulatory or governmental agency indicating that either Tidelands Seller or any of its subsidiaries is not in compliance in all material respects with any such Regulatory Agreement.

Enforcement Actions. Except as set forth in Section 3.2(h3.2(i) of the Disclosure Memorandum, (i) neither Tidelands AEB nor any of its subsidiaries is subject to any cease-and-desist or other similar order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is a recipient of any extraordinary supervisory letter from, or is subject to any capital directive by, or has adopted any board resolutions at the request of, the Federal Reserve, the FDIC, the SCBFI FOFR or with any other applicable regulatory or governmental agency (a “Regulatory Agreement”), (ii) neither Tidelands AEB nor any of its subsidiaries has been advised by the Federal Reserve, the FDIC, the SCBFI FOFR or any other applicable regulatory or governmental agency that it is considering issuing, initiating, ordering, or requesting any such Regulatory Agreement, (iii) Tidelands AEB and each of its subsidiaries are in compliance in all material respects with each Regulatory Agreement to which it is party or subject, and (iv) neither Tidelands AEB nor any of its subsidiaries has received any notice from the Federal Reserve, the FDIC, the SCBFI FOFR or any other applicable regulatory or governmental agency indicating that either Tidelands AEB or any of its subsidiaries is not in compliance in all material respects with any such Regulatory Agreement.

Enforcement Actions. Except as set forth in Section 3.2(h3.2(i) of the Disclosure Memorandum, (i) neither Tidelands Southcoast nor any of its subsidiaries is subject to any cease-and-desist or other similar order or enforcement action issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is a recipient of any extraordinary supervisory letter from, or is subject to any capital directive by, or has adopted any board resolutions at the request of, the Federal Reserve, the FDIC, the SCBFI or with any other applicable regulatory or governmental agency (a “Regulatory Agreement”), (ii) neither Tidelands Southcoast nor any of its subsidiaries has been advised by the Federal Reserve, the FDIC, the SCBFI or any other applicable regulatory or governmental agency that it is considering issuing, initiating, ordering, or requesting any such Regulatory Agreement, (iii) Tidelands Southcoast and each of its subsidiaries are in compliance in all material respects with each Regulatory Agreement to which it is party or subject, and (iv) neither Tidelands Southcoast nor any of its subsidiaries has received any notice from the Federal Reserve, the FDIC, the SCBFI or any other applicable regulatory or governmental agency indicating that either Tidelands Southcoast or any of its subsidiaries is not in compliance in all material respects with any such Regulatory Agreement.. (j)