Common use of No Defaults or Restrictions Clause in Contracts

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1) the Certificate of Incorporation or By-Laws of the Company; (2) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company or the Bank, as applicable, is now a party or by which it or any of its properties may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the Bank; or (4) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company. Neither the Company nor the Bank is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company or the Bank, as applicable, is a party or by which the Company or the Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1) the Certificate respective Articles of Incorporation Incorporation, Bylaws, charter, operating agreement or By-Laws similar organizational documents of the CompanyCompany or its Subsidiaries; (2) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company or the Bank, as applicable, is now a party or by which it or any of its properties may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4) any statute, rule or regulation applicable to the Company, Company or Bank except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the CompanyCompany or Bank. Neither the Company nor the Bank is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company or the Bank, as applicable, is a party or by which the Company or the Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the CompanyCompany and its Subsidiaries taken as a whole.

No Defaults or Restrictions. Neither the execution and execution, delivery or performance by Borrower of any of the Transaction Documents by the Company Documents, nor compliance by it with the Company with their respective terms and conditions provisions hereof or thereof: (a) will contravene any provision of any applicable law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the Certificate of Incorporation or By-Laws of the Company; (2) any lien upon any of the terms, obligations, covenants, conditions property or provisions assets of Borrower or any of its Subsidiaries pursuant to the terms of any corporate restriction or of any contract, agreement, material indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, loan agreement or any other agreement agreement, contract or instrument to which Company Borrower or the Bank, as applicable, any of its Subsidiaries is now a party or by which it or any of its properties property or assets is bound or to which it may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the Banksubject; or (4c) will violate any statuteprovision of the charter or bylaws of Borrower or the organizational documents, rule charter or regulation applicable to the Company, except, in the case bylaws of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and any of its Subsidiaries. Neither Borrower nor any of its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company. Neither the Company nor the Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which the Company Borrower or the Bank, as applicable, any of its Subsidiaries is a party or by which the Company it or the Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that which default would not reasonably be expected to have, singularly or in the aggregate, have a Material Adverse Effect material adverse effect on the Companyfinancial condition, results of operations or business of Borrower and its Subsidiaries, taken as a whole.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a material breach of, or constitute a material default under: (1i) the Certificate amended articles of Incorporation incorporation or By-Laws code of regulations of Borrower or the Companyarticles of association or bylaws of Subsidiary Bank; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other material agreement or instrument to which Company or the Bank, as applicable, Borrower is now a party or by which it Borrower or any of its properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankBorrower; or (4iv) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeBorrower, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or Subsidiary Bank except in the Companycase of (a)(ii), (a)(iii), (a)(iv) and (b), such violations, conflicts, breaches, defaults, liens, charges or encumbrances as would not have a Material Adverse Effect. Neither the Company Borrower nor the Subsidiary Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any material indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Borrower or the Bank, as applicable, Subsidiary Bank is a party or by which the Company Borrower or the Bank, as applicable, Subsidiary Bank or any of its their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a material breach of, or constitute a material default under: (1i) the Certificate certificate of Incorporation incorporation or By-Laws bylaws of the Company; (2) Borrower or any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other material agreement or instrument to which Company Borrower or the Bank, as applicable, any Material Subsidiary is now a party or by which it any of them or any of its their properties may be bound or affected; (3ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4iii) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeBorrower, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the CompanyBorrower or any Material Subsidiary. Neither the Company nor the Bank None of Borrower or any Material Subsidiary is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Borrower or the Bank, as applicable, any Material Subsidiary is a party or by which the Company or the Bank, as applicable, Borrower or any of its Material Subsidiary or their properties may be bound or affected, except, in each case, only affected where such defaults that would not default could reasonably be expected expect to have, singularly or in the aggregate, have a Material Adverse Effect on the CompanyEffect.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor the compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1) the Certificate of Incorporation Charter or By-Laws Bylaws of the Company; (2) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any material contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which the Company or the Bank, as applicable, is now a party or by which it or any of its properties may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the Bank; or (4) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts conflicts, breaches and default that would not reasonably be expected to havenot, singularly or in the aggregate, result in a Material Adverse Effect on the Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company. Neither the Company nor the Bank is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company or the Bank, as applicable, is a party or by which the Company or the Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such for defaults that would not reasonably be expected to havenot, singularly or in the aggregate, result in a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1) the Certificate Articles of Incorporation or By-Laws of the CompanyBylaws; (2) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which the Company or the Bank, as applicable, is now a party or by which it or any of its properties may be bound or affectedis now bound; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the Bank; or (4) any statute, rule or regulation applicable to the CompanyCompany or the Bank, except, (A) in the case of items (2), (3) or and (4), for such violations violations, conflicts, breaches, and conflicts defaults that would not reasonably be expected to havenot, singularly or in the aggregate, result in a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeCompany, or (B) in the case of item (2), have otherwise been consented to or waived; or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company. Neither the Company nor the Bank is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company or the Bank, as applicable, is a party or by which the Company or the Bank, as applicable, or any of its properties may be bound or affectedis now bound, except, in each case, only such defaults that would not reasonably be expected to havenot, singularly or in the aggregate, result in a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Transaction Loan Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1) the Certificate of Incorporation or By-Laws of the Company; (2) , any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Company Borrower or any of the Bank, as applicable, Bank Subsidiaries is now a party or by which it any of them or any of its their properties may be bound or affected; (3) , or any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the Bank; or (4) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeAgency, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any of the CompanyBank Subsidiaries under the terms or provisions of any of the foregoing. Neither the Company Borrower nor any of the Bank Subsidiaries is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which the Company Borrower or the Bank, as applicable, any Bank Subsidiary is a party or by which the Company Borrower or the Bank, as applicable, any Bank Subsidiary or any of its their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents by the Company Subordinated Notes nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the Certificate of Incorporation Incorporation, as amended, or By-Laws the Amended and Restated Bylaws of the CompanyIssuer or any Subsidiary of Issuer; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Issuer or the Bank, as applicable, any Subsidiary of Issuer is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4iv) any statute, rule or regulation applicable to the CompanyIssuer, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeIssuer, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the CompanyIssuer or any Subsidiary of Issuer. Neither the Company nor the Bank None of Issuer or any Subsidiary of Issuer is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Issuer or the Bank, as applicable, any Subsidiary of Issuer is a party or by which the Company or the Bank, as applicable, Issuer or any of its such Subsidiary or their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the CompanyIssuer.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a material breach of, or constitute a material default under: (1i) the Certificate amended articles of Incorporation incorporation or By-Laws code of regulations of Borrower or the Companyarticles of association or bylaws of Subsidiary Bank; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other material agreement or instrument to which Company or the Bank, as applicable, Borrower is now a party or by which it Borrower or any of its properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankBorrower; or (4iv) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeBorrower, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company. Neither the Company nor the Borrower or Subsidiary Bank is in default except in the performancecase of (a)(ii), observance (a)(iii), (a)(iv) and (b), such violations, conflicts, breaches, defaults, liens, charges or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company or the Bank, encumbrances as applicable, is a party or by which the Company or the Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and execution, delivery or performance by Borrower of any of the Transaction Documents Loan Documents, or by Guarantor of the Company Guaranty?, nor compliance by any of them, respectively, with the Company with their respective terms and conditions provisions hereof or thereof: (a) will contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the Certificate of Incorporation or By-Laws of the Company; (2) any lien upon any of the termsproperty or assets of the Borrower, obligations, covenants, conditions Guarantor or provisions any of Guarantor’s Subsidiaries pursuant to the terms of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, lean agreement or any other agreement agreement, contract or instrument to which Company the Borrower or the Bank, as applicable, Guarantor or any of Guarantor’s Subsidiaries is now a party or by which it any of them or any of its properties their respective property or assets is bound or to .which they may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the Banksubject; or (4c) will violate any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset provision of the Companyarticles of association or bylaws of Borrower or the organizational documents, charter or bylaws of Guarantor or any of Guarantor’s Subsidiaries. Neither None of the Company nor the Bank Borrower, Guarantor or any of Guarantor’s Subsidiaries is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which the Company Borrower, Guarantor or the Bank, as applicable, any of Guarantor’s Subsidiaries is a party or by «which the Company or the Bank, as applicable, or any of the foregoing or its respective properties may be bound or affected, except, in each case, only such defaults that which would not reasonably be expected to have, singularly or in the aggregate, have a Material Adverse Effect material adverse effect on the Companyfinancial condition and operations of the Borrower, Guarantor or any of Guarantor’s Subsidiaries.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents by the Company Subordinated Notes nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the Certificate Articles of Incorporation or By-Laws the Bylaws of the Company or any Subsidiary of Company, in each case, as amended; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company or the Bank, as applicable, any Subsidiary of Company is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4iv) any statute, rule or regulation applicable to the Company, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeCompany, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company or any Subsidiary of Company. Neither the None of Company nor the Bank or any Subsidiary of Company is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company or the Bank, as applicable, any Subsidiary of Company is a party or by which the Company or the Bank, as applicable, any such Subsidiary of Company or any of its their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a material breach of, or constitute a material default under: (1i) the Certificate charter or bylaws of Incorporation Borrower or By-Laws the articles of the Companyassociation or bylaws of Subsidiary Bank; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other material agreement or instrument to which Company or the Bank, as applicable, Borrower is now a party or by which it Borrower or any of its properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankBorrower; or (4iv) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeBorrower, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or Subsidiary Bank except in the Companycase of (a)(ii), (a)(iii), (a)(iv) and (b), such violations, conflicts, breaches, defaults, liens, charges or encumbrances as would not have a Material Adverse Effect. Neither the Company Borrower nor the Subsidiary Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any material indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Borrower or the Bank, as applicable, Subsidiary Bank is a party or by which the Company Borrower or the Bank, as applicable, Subsidiary Bank or any of its their properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by Agreement or the Company Subordinated Notes nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1) the Certificate of Incorporation or By-Laws of the Company; (2i) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any an contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, charter, bylaw or any other agreement or instrument to which Company Borrower, Banks or the Bank, as applicable, any other Subsidiary is now a party or by which it any of them or any of its their properties may be bound or affected; (3ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4iii) any statute, rule or regulation applicable to the CompanyBorrower or Banks, except, in the case of items (2), (3) or (4)each such case, for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholesuch Person, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the CompanyBorrower, Banks or any other Subsidiary. Neither the Company nor the None of Borrower, either Bank or any other Subsidiary is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Borrower, Banks or the Bank, as applicable, any other Subsidiary is a party or by which the Company or the BankBorrower, as applicable, Banks or any of its other Subsidiary or their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the CompanyBorrower, Banks or any other Subsidiary.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents by the Company Subordinated Notes nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the Certificate articles of Incorporation incorporation or By-Laws bylaws of the Company; Issuer or any Subsidiary of Issuer, (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Issuer or the Bank, as applicable, any Subsidiary of Issuer is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4iv) any statute, rule or regulation applicable to the CompanyIssuer, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeIssuer, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the CompanyIssuer or any Subsidiary of Issuer. Neither the Company nor the Bank None of Issuer or any Subsidiary of Issuer is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Issuer or the Bank, as applicable, any Subsidiary of Issuer is a party or by which the Company or the Bank, as applicable, Issuer or any of its such Subsidiary or their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the CompanyIssuer.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by Agreement or the Company Subordinated Notes nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the Certificate articles of Incorporation incorporation or By-Laws bylaws of the CompanyBorrower, Bank or any other Subsidiary of Borrower; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Borrower, Bank or the Bank, as applicable, any other Subsidiary of Borrower is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankAgency; or (4iv) any statute, rule or regulation applicable to the CompanyBorrower or Bank, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholesuch Person, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the CompanyBorrower, Bank or any other Subsidiary of Borrower. Neither the Company nor the None of Borrower, Bank or any other Subsidiary of Borrower is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Borrower, Bank or the Bank, as applicable, any other Subsidiary of Borrower is a party or by which the Company or the BankBorrower, as applicable, Bank or any of its other such Subsidiary or their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the CompanyBorrower, Bank or any other such Subsidiary.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents by the Company Subordinated Note nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1i) the Certificate Articles of Incorporation Incorporation, as amended, or By-Laws the Amended and Restated Bylaws of Issuer or any Subsidiary of Issuer, in each case as in effect on the Companydate hereof; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any material contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Issuer or the Bank, as applicable, any Subsidiary of Issuer is now a party or by which it any of them or any of its their properties may be is bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to and having jurisdiction over the Company conduct of their respective businesses or the Bankownership of Issuer or any Subsidiary or their respective properties; or (4iv) any statute, rule or regulation applicable to the CompanyIssuer, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a whole, Issuer. None of Issuer or (ii) result in the creation or imposition any Subsidiary of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Company. Neither the Company nor the Bank Issuer is in default in any material respect in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Issuer or the Bank, as applicable, any Subsidiary of Issuer is a party or by which the Company or the Bank, as applicable, Issuer or any of its such Subsidiary or their respective properties may be bound or affected, except, in each case, only affected where such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the CompanyIssuer.

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents by the Company nor compliance by the Company with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a material breach of, or constitute a material default under: (1i) the Certificate charter or bylaws of Incorporation Borrower or By-Laws of the CompanySubsidiary Bank; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other material agreement or instrument to which Company or the Bank, as applicable, Borrower is now a party or by which it Borrower or any of its properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency applicable to the Company or the BankBorrower; or (4iv) any statute, rule or regulation applicable to the Company, except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company and its Subsidiaries taken as a wholeBorrower, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or Subsidiary Bank except in the Companycase of (a)(ii), (a)(iii), (a)(iv) and (b), such violations, conflicts, breaches, defaults, liens, charges or encumbrances as would not have a Material Adverse Effect. Neither the Company Borrower nor the Subsidiary Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any material indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which the Company Borrower or the Bank, as applicable, Subsidiary Bank is a party or by which the Company Borrower or the Bank, as applicable, Subsidiary Bank or any of its their properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on the Company.