Common use of Evidences of Indebtedness Clause in Contracts

Evidences of Indebtedness. All evidences of indebtedness and leases that are reflected as assets of I BHC and I Bank are legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors generally and the availability of injunctive relief, specific performance and other equitable remedies), and are not subject to any asserted or, to the Best Knowledge of I BHC, threatened, defenses, offsets or counterclaims that may reasonably be asserted against I BHC, I Bank or the present holder thereof. The credit and collateral files of I Bank contain all material information (excluding general, local or national industry, economic or similar conditions) actually known to I BHC or I Bank that is required to evaluate, in accordance with generally prevailing practices in the banking industry, the collectability of the loan portfolio of I Bank (including loans that will be outstanding if I Bank advances funds it is obligated to advance), except for items identified on I Bank’s internal exception list which has been made available to IBG. All loans classified substandard, doubtful, loss, nonperforming or problem loans internally by management of I Bank or any applicable Regulatory Agency (as defined in Section 11.10) are set forth on I Bank’s watch list, which is set forth in Schedule 3.19.

Evidences of Indebtedness. All evidences of indebtedness and leases that are reflected as assets of I BHC HCBI and I Bank HCB are legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors generally and the availability of injunctive relief, specific performance and other equitable remedies), and are not subject to any asserted or, to the Best Knowledge of I BHCHCBI, threatened, defenses, offsets or counterclaims that may reasonably be asserted against I BHCHCBI, I Bank HCB or the present holder thereof. The credit and collateral files of I Bank HCB contain all material information (excluding general, local or national industry, economic or similar conditions) actually known to I BHC HCBI or I Bank HCB that is required to evaluate, in accordance with generally prevailing practices in the banking industry, the collectability of the loan portfolio of I Bank HCB (including loans that will be outstanding if I Bank HCB advances funds it is obligated to advance), except for items identified on I BankHCB’s internal exception list which has been made available to IBG. All loans classified substandard, doubtful, loss, nonperforming or problem loans internally by management of I Bank HCB or any applicable Regulatory Agency (as defined in Section 11.10) are set forth on I BankHCB’s watch list, which is set forth in Confidential Schedule 3.19. Notwithstanding anything to the contrary contained in this Section, no representation or warranty is being made as to the sufficiency of collateral securing, or the collectability of, the loans of HCB.

Evidences of Indebtedness. All evidences of indebtedness and leases that are reflected as assets of I BHC CGI and I Bank UCB are legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors generally and the availability of injunctive relief, specific performance and other equitable remedies), and are not subject to any asserted or, to the Best Knowledge of I BHCCGI, threatened, defenses, offsets or counterclaims that may reasonably be asserted against I BHCCGI, I Bank UCB or the present holder thereof. The credit and collateral files of I Bank UCB contain all material information (excluding general, local or national industry, economic or similar conditions) actually known to I BHC CGI or I Bank UCB that is required to evaluate, in accordance with generally prevailing practices in the banking industry, the collectability of the loan portfolio of I Bank UCB (including loans that will be outstanding if I Bank UCB advances funds it is obligated to advance), except for items identified on I BankUCB’s internal exception list which has been made available to IBG. All loans classified substandard, doubtful, loss, nonperforming or problem loans internally by management of I Bank UCB or any applicable Regulatory Agency (as defined in Section 11.10) are set forth on I BankUCB’s watch list, which is set forth in Schedule 3.19.

Evidences of Indebtedness. All evidences of indebtedness and leases that are reflected as assets of I BHC and I Bank GBNK or any GBNK Subsidiary are legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws Laws affecting creditors generally and the availability of injunctive relief, specific performance and other equitable remedies), and are not subject to any asserted or, to the Best Knowledge of I BHCGBNK, threatened, defenses, offsets or counterclaims that may reasonably be asserted against I BHCGBNK, I Bank any GBNK Subsidiary or the present holder thereof. The credit and collateral files of I Guaranty Bank contain all material information (excluding general, local or national industry, economic or similar conditions) actually known to I BHC GBNK or I Guaranty Bank that is required to evaluate, in accordance with generally prevailing practices in the banking industry, the collectability of the loan portfolio of I Guaranty Bank (including loans that will be outstanding if I Guaranty Bank advances funds it is obligated to advance), except for items identified on I Guaranty Bank’s internal exception list which has been made available to IBG. All loans classified substandard, doubtful, loss, nonperforming or problem loans internally by management of I Bank or any applicable Regulatory Agency (as defined in Section 11.10) are set forth on I Bank’s watch list, which is set forth in Schedule 3.19.management

Evidences of Indebtedness. All evidences of indebtedness and leases that are reflected as assets of I BHC FPHI and I FP Bank are legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors generally and the availability of injunctive relief, specific performance and other equitable remedies), and are not subject to any asserted or, to the Best Knowledge of I BHCFPHI, threatened, defenses, offsets or counterclaims that may reasonably be asserted against I BHCFPHI, I FP Bank or the present holder thereof. The credit and collateral files of I FP Bank contain all material information (excluding general, local or national industry, economic or similar conditions) actually known to I BHC FPHI or I FP Bank that is required to evaluate, in accordance with generally prevailing practices in the banking industry, the collectability of the loan portfolio of I FP Bank (including loans that will be outstanding if I FP Bank advances funds it is obligated to advance), except for items identified on I FP Bank’s internal exception list which has been made available to IBGIBKC. All loans classified substandard, doubtful, loss, nonperforming or problem loans internally by management of I FP Bank or any applicable Regulatory Agency (as defined in Section 11.10) are set forth on I FP Bank’s watch list, which is set forth in Schedule 3.19. Notwithstanding anything to the contrary contained in this Section, no representation or warranty is being made as to the sufficiency of collateral securing, or the collectability of, the loans of FP Bank.

Evidences of Indebtedness. All evidences of indebtedness and leases that are reflected as assets of I BHC IBG and I Independent Bank are legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms (except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors generally and the availability of injunctive relief, specific performance and other equitable remedies), and are not subject to any asserted or, to the Best Knowledge of I BHCIBG, threatened, defenses, offsets or counterclaims that may reasonably be asserted against I BHCIBG, I Independent Bank or the present holder thereof. The credit and collateral files of I Independent Bank contain all material information (excluding general, local or national industry, economic or similar conditions) actually known to I BHC IBG or I Independent Bank that is required to evaluate, in accordance with generally prevailing practices in the banking industry, the collectability of the loan portfolio of I Independent Bank (including loans that will be outstanding if I Independent Bank advances funds it is obligated to advance), except for items identified on I Independent Bank’s internal exception list which has been made available to IBG. All loans classified substandard, doubtful, loss, nonperforming or problem loans internally by management of I Independent Bank or any applicable Regulatory Agency (as defined in Section 11.10) are set forth on I Independent Bank’s watch list, which is set forth in Schedule 3.19has been made available to CGI.