Common use of Loans; Nonperforming and Classified Assets Clause in Contracts

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule 3.23, as of the date hereof, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30, 2014, over sixty (60) days delinquent in payment of principal or interest. Company Disclosure Schedule 3.23 identifies (x) each Loan that as of June 30, 2014 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, and (y) each asset of Company that as of June 30, 2014 was classified as other real estate owned (“OREO”) and the book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Exception Report as of June 30, 2014.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule 3.23, as of the date hereof, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30March 31, 20142013, over sixty (60) days delinquent in payment of principal or interest. Company Disclosure Schedule 3.23 identifies (x) each Loan that as of June 30March 31, 2014 2013 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, and (y) each asset of Company that as of June 30March 31, 2014 2013 was classified as other real estate owned (“OREO”) and the book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Exception Report as of June 30March 31, 20142013.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule 3.23, as of the date hereof, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30March 31, 20142012, over sixty (60) days delinquent in payment of principal or interest. Company Disclosure Schedule 3.23 identifies (x) each Loan that as of June 30March 31, 2014 2012 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, and (y) each asset of Company that as of June 30March 31, 2014 2012 was classified as other real estate owned (“OREO”) and the book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule 3.23 is a true and correct copy of the Company’s Policy Exception Report as of June 30March 31, 20142012.

Loans; Nonperforming and Classified Assets. (a) Except As of the date of this Agreement, except as set forth in Company Disclosure Schedule 3.23, as of the date hereof, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30March 31, 20142021, over more than sixty (60) days delinquent in payment of principal or interestinterest or in default of any other material provision. Company Disclosure Schedule 3.23 identifies (x) each Loan that that, as of June 30March 31, 2014 2021, was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examinerCompany Bank, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunderborrower, and (y) each asset of Company that as of June 30March 31, 2014 2021 was classified as other real estate owned (“OREO”) and the its book value thereof as of the date of this Agreement. Set forth in on Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Loan Exception Report as of June 30March 31, 20142021.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in on Company Disclosure Schedule 3.23, as of the date hereofof this Agreement, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30August 31, 20142018, over more than sixty (60) days delinquent in payment of principal or interestinterest or in default of any other material provision. Company Disclosure Schedule 3.23 identifies (x) each Loan that that, as of June 30August 31, 2014 2018, was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examinerCompany Bank, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunderborrower, and (y) each asset of Company that as of June 30August 31, 2014 2018 was classified as other real estate owned (“OREO”) and the its book value thereof as of the date of this Agreement. Set forth in on Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Loan Exception Report as of June 30August 31, 20142018.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule 3.233.21, as of the date hereof, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June September 30, 20142008, over sixty (60) days delinquent in payment of principal or interest. Company Disclosure Schedule 3.23 3.21 identifies (x) each Loan that as of June September 30, 2014 2008 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, and (y) each asset of Company that as of June September 30, 2014 2008 was classified as other real estate owned (“OREO”) and the book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule 3.23 3.21 is a true and correct copy of the Company’s Policy Exception Report as of June 30, 20142008.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule 3.23, as of the date hereofof this Agreement, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June September 30, 20142016, over sixty (60) days delinquent in payment of principal or interestinterest or in default of any other material provision. Company Disclosure Schedule 3.23 identifies (x) each Loan that as of June September 30, 2014 2016 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank Bank, or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, and (y) each asset of Company that as of June September 30, 2014 2016 was classified as other real estate owned (“OREO”) and the its book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Exception Report as of June September 30, 20142016.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule Section 3.23, as of the date hereof, neither Company FNB nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30October 31, 20142012, over sixty (60) days delinquent in payment of principal or interest. Company Disclosure Schedule Section 3.23 identifies (x) each Loan that as of June 30October 31, 2014 2012 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank FNB or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, thereunder and (y) each asset of Company FNB that as of June 30October 31, 2014 2012 was classified as other real estate owned (“OREO”) and the book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule Section 3.23 is a true and correct copy of CompanyFNB’s Policy Exception Report as of June 30October 31, 20142012.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in Company Disclosure Schedule 3.23, as of the date hereof, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30December 31, 20142015, over sixty (60) days delinquent in payment of principal or interestinterest or in default of any other material provision. Company Disclosure Schedule 3.23 identifies (x) each Loan that as of June 30December 31, 2014 2015 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunder, and (y) each asset of Company that as of June 30December 31, 2014 2015 was classified as other real estate owned (“OREO”) and the book value thereof as of the date of this Agreement. Set forth in Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Exception Report as of June 30December 31, 20142015.

Loans; Nonperforming and Classified Assets. (a) Except as set forth in on Company Disclosure Schedule 3.23, as of the date hereofof this Agreement, neither Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”), under the terms of which the obligor was, as of June 30March 31, 20142018, over more than sixty (60) days delinquent in payment of principal or interestinterest or in default of any other material provision. Company Disclosure Schedule 3.23 identifies (x) each Loan that that, as of June 30March 31, 2014 2018, was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by Company, Company Bank Bank, or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Loan and the identity of the borrower thereunderborrower, and (y) each asset of Company that as of June 30March 31, 2014 2018 was classified as other real estate owned (“OREO”) and the its book value thereof as of the date of this Agreement. Set forth in on Company Disclosure Schedule 3.23 is a true and correct copy of Company’s Policy Loan Exception Report as of June 30March 31, 20142018.