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

Loans; Nonperforming and Classified Assets. (i) Except as set forth in Section 5.01(v)(i) of the Company Disclosure Schedule, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral (A) Loan of the Company or any Company Subsidiary (collectively, the “Company Loans”) under the terms of which the obligor was, as of November 30, 2004, over sixty days delinquent in payment of principal or interest or in default of any other provision, or (B) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its Subsidiaries, or to the Knowledge of the Company, any Person controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i) of the Company Disclosure Schedule identifies (A) each Company Loan that as of November 30, 2004 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (B) each asset of the Company or any Company Subsidiary that as of November 30, 2004 was classified as other real estate owned (“OREO”) and the book value thereof as of such date.

Loans; Nonperforming and Classified Assets. (i) Except as set forth in Section 5.01(v)(i) of the Company Disclosure Schedule, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral (A) Loan of the Company or any Company Subsidiary (collectively, the “Company Loans”) under the terms of which the obligor was, as of November 30December 31, 2004, over sixty days delinquent in payment of principal or interest or to the Knowledge of the Company in default of any other provision, or (B) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its Subsidiaries, or to the Knowledge of the Company, any Person controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i) of the Company Disclosure Schedule identifies (A) each Company Loan that as of November 30December 31, 2004 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (B) each asset of the Company or any Company Subsidiary that as of November 30December 31, 2004 was classified as other real estate owned (“OREO”) OREO and the book value thereof as of such date.

Loans; Nonperforming and Classified Assets. (i) Except as set forth in Section 5.01(v)(i5.01(u)(i) of the Company Disclosure Schedule, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral (A) Loan of the Company loan, loan agreement, note or any Company Subsidiary borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, the “Company Loans”) ), under the terms of which the obligor was, as of November 30July 31, 20042003, over sixty (60) days delinquent in payment of principal or interest or in default of any other material provision, or (B) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its Subsidiaries, or to the Knowledge of the Company, any Person person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i5.01(u)(i) of the Company Disclosure Schedule identifies (A) each Company Loan that as of November 30July 31, 2004 2003 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (B) each asset of the Company or any Company Subsidiary that as of November 30July 31, 2004 2003 was classified as other real estate owned (“OREO”) and the book value thereof as of such datethereof.

Loans; Nonperforming and Classified Assets. (i) Except as set forth in Section 5.01(v)(i) of the Company Disclosure Schedule, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral (A) Loan of the Company loan, loan agreement, note or any Company Subsidiary borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, the “Company Loans”) ), under the terms of which the obligor was, as of November 30October 31, 20042003, over sixty (60) days delinquent in payment of principal or interest or in default of any other provision, or (B) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its Subsidiaries, or to the Knowledge of the Company, any Person person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i) of the Company Disclosure Schedule identifies (A) each Company Loan that as of November 30October 31, 2004 2003 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (B) each asset of the Company or any Company Subsidiary that as of November 30October 31, 2004 2003 was classified as other real estate owned (“OREO”) and the book value thereof as of such date.

Loans; Nonperforming and Classified Assets. (i) Except as set forth in Section 5.01(v)(i) of the Company Disclosure Schedule, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral (A) Loan of the Company or any Company Subsidiary (collectively, the “Company Loans”) under the terms of which the obligor was, as of November 30May 31, 2004, over sixty days delinquent in payment of principal or interest or in default of any other provision, or (B) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its Subsidiaries, or to the Knowledge of the Company, any Person controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i) of the Company Disclosure Schedule identifies (A) each Company Loan that as of November 30May 31, 2004 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (B) each asset of the Company or any Company Subsidiary that as of November 30May 31, 2004 was classified as other real estate owned (“OREO”) and the book value thereof as of such date.

Loans; Nonperforming and Classified Assets. (i) Except as set forth in Section 5.01(v)(i5.01(u)(i) of the Company Disclosure Schedule, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral (A) Loan of the Company loan, loan agreement, note or any Company Subsidiary borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, the “Company Loans”) ), under the terms of which the obligor was, as of November 30October 31, 20042003, over sixty (60) days delinquent in payment of principal or interest or in default of any other material provision, or (B) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its Subsidiaries, or to the Knowledge of the Company, any Person person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i5.01(u)(i) of the Company Disclosure Schedule identifies (A) each Company Loan that as of November 30October 31, 2004 2003 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (B) each asset of the Company or any Company Subsidiary that as of November 30October 31, 2004 2003 was classified as other real estate owned (“OREO”) and the book value thereof as of such datethereof.

Loans; Nonperforming and Classified Assets. (ia) Except as set forth in Section 5.01(v)(i) of the Company Bank Disclosure ScheduleSchedule 4.22, as of the date hereof, neither the Company nor any of its Subsidiaries Bank is not a party to any written or oral (Ai) Loan of the Company loan, loan agreement, note or any Company Subsidiary borrowing arrangement (including, without limitation, leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, the “Company Loans”) ), under the terms of which the obligor was, as of November 30March 31, 20042007, over sixty (60) days delinquent in payment of principal or interest or in default of any other material provision, or (Bii) Company Loan with any director, executive officer or five percent or greater shareholder of the Company or any of its SubsidiariesBank, or to the Knowledge of the CompanyBank, any Person person, corporation or enterprise controlling, controlled by or under common control with any of the foregoing. Section 5.01(v)(i) of the Company Bank Disclosure Schedule 4.22 identifies (Ax) each Company Loan that as of November 30March 31, 2004 2007 was classified as “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import by the Company, any Company Subsidiary Bank or any bank examiner, together with the principal amount of and accrued and unpaid interest on each such Company Loan and the identity of the borrower thereunder, and (By) each asset of the Company or any Company Subsidiary Bank that as of November 30March 31, 2004 2007 was classified as other real estate owned (“OREO”) and the book value thereof as of such datethereof.