Excluded Deposits definition

Excluded Deposits means (w) those deposit liabilities that are or would be considered “brokered deposits” for purposes of the rules and regulations of the FDIC, (x) Escheat Deposits, (y) those deposit liabilities that constitute security for loans that are not to be transferred to Purchaser under the terms of this Agreement, and (z) those deposit liabilities that have been opened by an employee (other than a Transferred Employee) or former employee of Seller.

Excluded Deposits means (w) those deposit liabilities that are or would be considered “brokered deposits” for purposes of the rules and regulations of the FDIC, any of which, as of the date hereof, are listed on Exhibit 1.1(e)(i), (x) Escheat Deposits, (y) those deposit liabilities (i) related to a financial advisory relationship with Seller’s Xxxxxxx Xxxxx Wealth Management or US Trust divisions, (ii) related to a client managed relationship in Seller’s Business Banking, Middle Market, or Large Corporate divisions or any other non-retail division, (iii) linked to affinity relationships or programs set forth on Exhibit 1.1(e)(iii) (and such Exhibit 1.1(e)(iii) shall be updated by Seller as of 5:00 p.m., Eastern time, on the date that is five (5) Business Days prior to the Closing Date (and delivered to Purchaser on or before the date that is three (3) Business Days prior to the Closing Date), or (iv) that constitute security for loans that are not to be transferred to Purchaser under the terms of this Agreement, and (z) those deposit liabilities that have been opened by an employee (other than a Transferred Employee) or former employee of Bank of America Corporation.

Excluded Deposits means: (i) all wholesale commercial deposits (i.e., with account analysis or cash management services); and (ii) certain business related deposit liabilities excluded by Seller. All Excluded Deposits have been previously removed from deposit lists provided to Purchaser.

Examples of Excluded Deposits in a sentence

• The Centre for Equitable Library Access (CELA) works with libraries across the country to make programs like the TD Summer Reading Club (TDSRC) and others, work for children with print disabilities by providing materials or books in accessible formats.

• Sellers and Purchaser will develop appropriate procedures and arrangements to provide for settlement by Seller of Items which are presented or delivered to Purchaser after the Conversion Date and which relate to the Excluded Deposits and Excluded Loans, all of which shall be provided by Purchaser without expense to Seller for a period of sixty (60) days after the Conversion Date.

• Purchaser shall cooperate with Seller and take reasonable steps requested by Seller to ensure that for sixty (60) days after the Conversion Date, Items encoded for presentment to Purchaser and which relate to the Excluded Deposits and Excluded Loans are delivered in a timely manner and in accordance with applicable law and clearinghouse rules or agreement.

• With respect to Deposits or purchased Excluded Deposits which are self-directed XXX deposits, Seller shall cooperate with Purchaser to invite depositors thereof to direct a transfer of each such depositor’s account and the related Branch Deposit or Excluded Deposit to Purchaser and to adopt Purchaser’s forms of XXX agreements as a successor to Seller.

• After the date hereof and until the Closing Date, Seller shall afford to Purchaser and its officers, authorized agents and representatives reasonable access to the personnel, properties, books, records, contracts, documents, files (including loan files) and other information at the Branch, or relating to the Assets, the Liabilities, the Employees, the Assumed Contracts, the Deposits and the purchased Excluded Deposits.

More Definitions of Excluded Deposits

Excluded Deposits means all of Seller’s obligations and liabilities relating to Seller’s deposit accounts at the Branches that are (a) Excluded IRAs or (b) subject to any order, agreement or encumbrance that materially restricts the payment of funds from such accounts at Branches.

Excluded Deposits means (i) all Deposit Account Liabilities owned by affiliates of Seller or employees of Seller (other than Transferred Employees), (ii) Deposit Account Liabilities subject to a hold or similar legal process, (iii) deposits which have been reported as abandoned property under the abandoned property laws of any jurisdiction, (iv) deposits required as compensating balances with respect to loans or other extensions of credit not included in the Purchased Assets, and (v) Deposit Account Liabilities constituting obligations of Seller represented by certified checks drawn on Seller. The Excluded Deposits as of the date of this Agreement are listed on the attached Schedule 1.1(d) and as will be updated as of the date of the Draft Closing Statement.

Excluded Deposits in Section 1.1 of the APA Agreement is hereby amended and restated to read as follows: “Excluded Deposits” shall mean any and all deposits of HSBC and its Affiliates that are not Assumed Deposits, including, but not limited to: (i) any proprietary deposits of HSBC or any of its Affiliates booked at the Banking Centers, (ii) any deposits associated with the Retained Businesses (including deposits booked at the Banking Centers), (iii) deposits acquired through the telephone or the internet or other electronic media from Persons with primary addresses located in the Designated Footprint that are not Banking Center Customers, (iv) any deposits that become Excluded Deposits pursuant to Section 7.11, (v) any deposits of Retained Employees, (vi) deposits that, as of the date that is three (3) Business Days prior to the Closing Date, are subject to a legal hold or levy, including those holds or levies placed on such deposits as a result of an attachment, garnishment, in-arrears child support order and other legal actions, (vii) deposits held in an account designated by HSBC’s internal classification system as a “Premier” deposit account if the relationship manager assigned to such deposit account is located in a branch of Seller other than a Banking Center and (viii) deposits of Banking Center Customers who (a) have a primary mailing address (based on the HSBC Sellers’ records) within a country listed on Schedule 1.1(p) or (b) have a primary mailing address (based on the HSBC Sellers’ records) outside the United States and not having a United States tax identification number recorded on the HSBC Sellers’ account records for such Banking Center Customer.

Excluded Deposits shall have the meaning set forth in Section 1.2(g). “Excluded Liabilities” shall have the meaning set forth in Section 2.3(b). “Excluded Licenses” shall have the meaning set forth in Section 1.2(d).

Excluded Deposits means those Deposit Liabilities of Seller that are (i) specified on Schedule 1.1(j) or (ii) originated after the date of this Agreement.

Excluded Deposits means, if any, the deposit liabilities set forth in Schedule 1.1(d).

Excluded Deposits means all of the following Deposits existing on the Closing Date: (i) Deposits listed on Schedule 1.3, as updated on the Closing Date, (ii) Deposits excluded pursuant to Section 2.4(b) or 4.11 or excluded by mutual written agreement of Seller and Purchaser, (iii) Deposits specifically securing, pursuant to express terms of Loan documents, Loans or other extensions of credit by Seller, (iv) Deposits held in accounts for which Seller acts as fiduciary (other than IRAs assigned to Purchaser under Section 2.4), (v) Deposits subject to legal process as shown on Records, (vi) Deposits which are treated as abandoned property under Florida abandoned property laws, (vii) Deposits held in any XXX where the account holder has notified Seller or Purchaser of his, her or its objection to Purchaser acting as custodian of such XXX, (viii) Deposits held in the name of Seller or any of its affiliated entities as depositor, (ix) Deposits represented by official checks, travelers checks, money orders, or certified checks of Seller, (x) accounts designated as “closed” on the books and records of Seller, and (xi) certain Deposits selected by Seller that relate to depositors who have Loans related to the Branches; provided that, the amount of such Deposits shall not exceed two percent (2%) of all of the Deposits at any Branch.