Common use of Interest Rate Risk Management Instruments Clause in Contracts

Interest Rate Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Target, all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements (the “Target Derivative Contracts”), whether entered into for the account of Target or any of its Subsidiaries, or for the account of a customer of Target or any of its Subsidiaries, were entered into in the ordinary course of business and, to Target’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Agency and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of Target or its Subsidiaries enforceable in accordance with the terms thereof (except as may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Target and its Subsidiaries have duly performed in all material respects all of their material obligations under the Target Derivative Contracts to the extent that such obligations to perform have accrued, and to Target’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of the same by any other party thereunder.

Interest Rate Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on TargetParent, all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements (the “Target Parent Derivative Contracts”), whether entered into for the account of Target Parent or any of its Subsidiaries, or for the account of a customer of Target Parent or any of its Subsidiaries, were entered into in the ordinary course of business and, to TargetParent’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Agency and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of Target Parent or its Subsidiaries enforceable in accordance with the terms thereof (except as may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Target Parent and its Subsidiaries have duly performed in all material respects all of their material obligations under the Target Parent Derivative Contracts to the extent that such obligations to perform have accrued, and to TargetParent’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of the same by any other party thereunder.

Interest Rate Risk Management Instruments. Except as would not be reasonably be expected likely to have, either individually or in the aggregate, a Material Adverse Effect on TargetCVBG, (a) all interest rate swaps, caps, floors and option agreements and other interest rate risk management arrangements (the “Target Derivative Contracts”)arrangements, whether entered into for the account of Target or any CVBG, one of its Subsidiaries, or for the account of a customer of Target CVBG or any one of its Subsidiaries, were entered into in the ordinary course of business and, to TargetCVBG’s knowledge, in accordance with prudent banking practice and applicable rules, regulations and policies of any Regulatory Agency Authority and with counterparties believed to be financially responsible at the time, and are legal, valid and binding obligations of Target CVBG or one of its Subsidiaries enforceable in accordance with the their terms thereof (except as may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies), and are in full force and effect. Target ; (b) CVBG and each of its Subsidiaries have duly performed in all material respects all of their material obligations under the Target Derivative Contracts thereunder to the extent that such obligations to perform have accrued, ; and (c) to TargetCVBG’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of the same such by any other party thereunder.