Common use of Loan Portfolio Clause in Contracts

Loan Portfolio. (a) As of the date hereof, neither Home nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home or any Subsidiary of Home is a creditor that, as of September 30, 2013, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home or any of its Subsidiaries, or to the knowledge of Home, any affiliate of any of the foregoing. Set forth in Section 3.26(a) of the Home Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home and its Subsidiaries that, as of September 30, 2013, were classified by Home as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” or words of similar import, together with the principal amount thereof and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home or any of its Subsidiaries that, as of September 30, 2013, was classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 3.25(a) of the TCBI Disclosure Schedule, neither Home TCBI nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home TCBI or any Subsidiary of Home TCBI is a creditor that, as of September 30, 20132019, was had an outstanding balance of $5,000,000 or more and under the terms of which the obligor was, as of September 30, 2019, over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home or any of its Subsidiaries, or to the knowledge of Home, any affiliate of any of the foregoinginterest. Set forth in Section 3.26(a3.25(a) of the Home TCBI Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home TCBI and its Subsidiaries that, as of September 30, 20132019, had an outstanding balance of $5,000,000 and were classified by Home TCBI as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of and accrued and unpaid interest on such Loans, by category of Loan (e.g., commercial, consumer, etc.), together with the aggregate principal amount of such Loans by category and (B) each asset of Home TCBI or any of its Subsidiaries that, as of September 30, 20132019, was is classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 4.26(a) of the Capital One Disclosure Schedule, neither Home Capital One nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) Loan in which Home Capital One or any Subsidiary of Home Capital One is a creditor that, as of September 30, 20132023, was had an outstanding balance of $100,000,000 or more and under the terms of which the obligor was, as of September 30, 2023, over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home or any of its Subsidiaries, or to the knowledge of Home, any affiliate of any of the foregoinginterest. Set forth in Section 3.26(a4.26(a) of the Home Capital One Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home Capital One and its Subsidiaries that, as of September 30, 20132023, had an outstanding balance of $100,000,000 or more and were classified by Home Capital One as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of and accrued and unpaid interest on such Loans, by category of Loan (e.g., commercial, consumer, etc.), together with the aggregate principal amount of such Loans by category and (B) each asset of Home Capital One or any of its Subsidiaries that, as of September 30, 20132023, was is classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (ai) As of the date hereof, neither Home the Company nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home the Company or any Subsidiary of Home the Company is a creditor thatwhich as of June 30, 2023, had an outstanding balance of $1,000,000 or more and under the terms of which the obligor was, as of September June 30, 20132023, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home or any of its Subsidiaries, or to the knowledge of Home, any affiliate of any of the foregoinginterest. Set forth in Section 3.26(a2.2(o)(i) of the Home Company Disclosure Schedule is sets forth a true, correct and complete list of (A) all of the Loans of Home the Company and its Subsidiaries that, as of September June 30, 20132023, had $1,000,000 or more of recorded investment and were classified by Home the Company as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof on each such Loan, and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, by category of Loan (e.g., commercial, consumer, etc.), together with the aggregate principal amount of such Loans by category and (B) each asset of Home the Company or any of its Subsidiaries that, as of September June 30, 20132023, was is classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 3.26(a) of the United Disclosure Schedule, neither Home United nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home United or any Subsidiary of Home United is a creditor thatwhich as of September 30, 2013, had an outstanding balance of $300,000 or more and under the terms of which the obligor was, as of September 30, 2013, was over ninety (90) 90 days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement)interest, or (ii) Loans with any director, executive officer or 5% or greater shareholder stockholder of Home United or any of its Subsidiaries, or to the knowledge of HomeUnited, any affiliate of any of the foregoing. Set forth in Section 3.26(a) of the Home United Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home United and its Subsidiaries that, as of September 30, 2013, were classified by Home United as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of and accrued and unpaid interest on such Loans, by category of Loan (e.g., commercial, consumer, etc.), together with the aggregate principal amount of such Loans by category and (B) each asset of Home United or any of its Subsidiaries that, as of September 30, 2013, was is classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, neither Home nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home or any Subsidiary of Home is a creditor that, as of September 30August 31, 2013, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home or any of its Subsidiaries, or to the knowledge of Home, any affiliate of any of the foregoing. Set forth in Section 3.26(a) of the Home Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home and its Subsidiaries that, as of September 30August 31, 2013, were classified by Home as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” or words of similar import, together with the principal amount thereof and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home or any of its Subsidiaries that, as of September 30August 31, 2013, was classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 4.26(a) of the HRB Disclosure Schedule, neither Home HRB nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) Loans in which Home HRB or any Subsidiary of Home HRB is a creditor thatwhich as of December 31, 2015, had an outstanding balance of $100,000 or more and under the terms of which the obligor was, as of September 30December 31, 20132015, was over ninety (90) 90 days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement)interest, or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home HRB or any of its Subsidiaries, or to the knowledge of HomeHRB, any affiliate of any of the foregoing. Set forth in Section 3.26(a4.26(a) of the Home HRB Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home HRB and its Subsidiaries that, as of September 30December 31, 20132015, had an outstanding balance of $100,000 or more and were classified by Home HRB as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of and accrued and unpaid interest on such Loans, by category of Loan (e.g., commercial, consumer, etc.), together with the aggregate principal amount of such Loans by category and (B) each asset of Home HRB or any of its Subsidiaries that, as of September 30December 31, 20132015, was is classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 4.26(a) of the Heritage Disclosure Schedule, neither Home Heritage nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) any Loan in which Home Heritage or any Subsidiary of Home Heritage is a creditor thatwhich, as of September 30, 2013, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any a Loan that is a covered asset under a Shared-Loss Agreement), ) or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home Heritage or any of its Subsidiaries, or to the knowledge of HomeHeritage, any affiliate of any of the foregoing. Set forth in Section 3.26(a4.26(a) of the Home Heritage Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home Heritage and its Subsidiaries that, as of September 30, 2013, were classified by Home Heritage as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, Loans by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home Heritage or any of its Subsidiaries that, as of September 30, 2013, was classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 3.25(a) of the Company Disclosure Schedule, neither Home the Company nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home the Company or any Subsidiary of Home the Company is a creditor thatwhich as of September 30, 2018, had an outstanding balance of $1,000,000 or more and under the terms of which the obligor was, as of September 30, 20132018, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement)interest, or (ii) Loans with any director, director or executive officer or 5% or greater shareholder of Home the Company or any of its Subsidiaries, or to the knowledge of Homethe Company, any affiliate of any of the foregoingforegoing (other than the Company and its Subsidiaries). Set forth in Section 3.26(a3.25(a) of the Home Company Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home the Company and its Subsidiaries that, as of September 30, 20132018, were classified by Home the Company as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of and accrued and unpaid interest on such Loans, by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home or any of its Subsidiaries that, as of September 30, 2013, was classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 3.26(a) of the Anchor Disclosure Schedule, neither Home Anchor nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “"Loans”") in which Home Anchor or any Subsidiary of Home Anchor is a creditor thatwhich, as of September 30December 31, 20132016, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement)interest, or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home Anchor or any of its Subsidiaries, or to the knowledge of HomeAnchor, any affiliate of any of the foregoing. Set forth in Section 3.26(a) of the Home Anchor Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home Anchor and its Subsidiaries that, as of September 30December 31, 20132016, were classified by Home Anchor as “"Other Loans Specially Mentioned,” “" "Special Mention,” “" "Substandard,” “" "Doubtful,” or “" "Loss,” " or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, Loans by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home Anchor or any of its Subsidiaries that, as of September 30December 31, 20132016, was classified as “"Other Real Estate Owned” " and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 3.26(a) of the Anchor Disclosure Schedule, neither Home Anchor nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) in which Home Anchor or any Subsidiary of Home Anchor is a creditor thatwhich, as of September 30December 31, 20132016, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement)interest, or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home Anchor or any of its Subsidiaries, or to the knowledge of HomeAnchor, any affiliate of any of the foregoing. Set forth in Section 3.26(a) of the Home Anchor Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home Anchor and its Subsidiaries that, as of September 30December 31, 20132016, were classified by Home Anchor as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, Loans by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home Anchor or any of its Subsidiaries that, as of September 30December 31, 20132016, was classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 4.21(a) of the Buyer Disclosure Schedule, neither Home Buyer nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) any Loan in which Home Buyer or any Subsidiary of Home Buyer is a creditor that, with an outstanding balance of $500,000 or more and under the terms of which the obligor was as of September June 30, 2013, was 2017 over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with an aggregate outstanding balance of $500,000 or more with any director, executive officer or 5% or greater shareholder of Home Buyer or any of its Subsidiaries, or to the knowledge of HomeBuyer, any affiliate of any of the foregoing. Set forth in Section 3.26(a4.21(a) of the Home Buyer Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home Buyer and its Subsidiaries that, as of September June 30, 20132017, were classified by Home Buyer as “"Other Loans Specially Mentioned,” “" "Special Mention,” “" "Substandard,” “" "Doubtful,” or “" "Loss,” " or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, Loans by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home Buyer or any of its Subsidiaries that, as of September 30July 31, 20132017, was classified as “"Other Real Estate Owned” " and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (ai) As of the date hereofExcept for matters disclosed in a classified loan list provided to Buyer BHC and Buyer Bank, neither Home the Bank, nor any of its Subsidiaries is subsidiaries are a party to any written or oral (i) loan, loan agreement, note note, or borrowing arrangement (including including, without limitation, leases, credit enhancements, commitments, guarantees guarantees, and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of September 30, 2015, over 90 days delinquent in payment of principal or interest or in default of any other provision, or (ii) in which Home as of September 30, 2015, Loans with any director, executive officer, or five percent (5%) or greater shareholder of the Bank, or its subsidiaries, or any Subsidiary person, corporation or enterprise controlling, controlled by, or under common control with any of Home is a creditor the foregoing. Section 3(v) of the Schedule of Exceptions sets forth (i) all of the Loans that, as of September 30, 2013, was over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with any director, executive officer or 5% or greater shareholder of Home or any of its Subsidiaries, or to the knowledge of Home, any affiliate of any of the foregoing. Set forth in Section 3.26(a) of the Home Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home and its Subsidiaries that, as of September 30, 20132015, were classified by Home any bank examiner (whether regulatory or internal) as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” or “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Impaired” within the meaning of ASC 310, “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, (ii) by category of Loan (e.g.i.e., commercial, consumer, etc.), and (B) each asset all of Home or any of its Subsidiaries the other Loans that, as of September 30, 20132015, were (or should properly have been) classified as such, together with the aggregate principal amount of and accrued and unpaid interest on such Loans by category and (iii) each asset of the Bank, or its subsidiaries that, as of September 30, 2015, was (or should properly have been) classified as “Other Real Estate Owned” and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.

Loan Portfolio. (a) As of the date hereof, except as set forth in Section 4.21(a) of the Buyer Disclosure Schedule, neither Home Buyer nor any of its Subsidiaries is a party to any written or oral (i) loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) any Loan in which Home Buyer or any Subsidiary of Home Buyer is a creditor that, with an outstanding balance of $500,000 or more and under the terms of which the obligor was as of September 30December 31, 2013, was 2017 over ninety (90) days or more delinquent in payment of principal or interest (excluding any Loan that is a covered asset under a Shared-Loss Agreement), or (ii) Loans with an aggregate outstanding balance of $500,000 or more with any director, executive officer or 5% or greater shareholder of Home Buyer or any of its Subsidiaries, or to the knowledge of HomeBuyer, any affiliate of any of the foregoing. Set forth in Section 3.26(a4.21(a) of the Home Buyer Disclosure Schedule is a true, correct and complete list of (A) all of the Loans of Home Buyer and its Subsidiaries that, as of September 30December 31, 20132017, were classified by Home Buyer as “"Other Loans Specially Mentioned,” “" "Special Mention,” “" "Substandard,” “" "Doubtful,” or “" "Loss,” " or words of similar import, together with the principal amount thereof of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, together with the aggregate principal amount of such Loans, Loans by category of Loan (e.g., commercial, consumer, etc.), and (B) each asset of Home Buyer or any of its Subsidiaries that, as of September 30December 31, 20132017, was classified as “"Other Real Estate Owned” " and the book value thereof, indicating in the case of subparts (A) and (B) whether the Loan or asset is a covered asset under a Shared-Loss Agreement.