Common use of Reports; Regulatory Matters Clause in Contracts

Reports; Regulatory Matters. (a) Parent and each Parent Subsidiary has timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was required to file since January 1, 2004 with the Regulatory Agencies or any Governmental Entity, and all other reports and statements required to be filed by them since January 1, 2004, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, or any Regulatory Agency or Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, or has pending any proceeding, enforcement action or, to the knowledge of Parent, investigation into the business, disclosures or operations of Parent or any of its Subsidiaries. Since January 1, 2004, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parent, investigation into the business, disclosures or operations of Parent or any of its Subsidiaries. There is no unresolved violation, criticism, or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent or any of its Subsidiaries. Since January 1, 2004, there has been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency with respect to the business, operations, policies or procedures of Parent or any of its Subsidiaries.

Reports; Regulatory Matters. (a) Parent The Company and each Parent Subsidiary has of its Consolidated Subsidiaries, in all material respects, have timely filed all reports, registrations schedules, registrations, statements, certifications and statementsother documents, together with any amendments required to be made with respect thereto, that it was they were required to file since January 1, 2004 2008 with the Regulatory Agencies or SEC, the NYSE and any other Governmental Entity, and all other reports and statements required to be filed by them since January 1, 2004, including any report or statement required to be filed 2008 pursuant to the laws, rules or regulations Laws of the United States, any state, any foreign entity, or any Regulatory Agency or Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in To the ordinary course knowledge of the business of Parent and its SubsidiariesCompany, since January 1, 2008, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, or has pending any proceeding, enforcement action or, to the knowledge of Parent, Proceeding or investigation into the business, disclosures or operations of Parent the Company or any of its Consolidated Subsidiaries. Since To the knowledge of the Company, since January 1, 20042008, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parent, Proceeding or investigation into the business, disclosures or operations of Parent the Company or any of its Consolidated Subsidiaries. There To the knowledge of the Company, there is no unresolved violationor threatened comment, criticism, exception or exception stop order by any Regulatory Agency or Governmental Entity with respect to any report filing by the Company or statement any of its Consolidated Subsidiaries, relating to any examinations or inspections of Parent the Company or any of its Consolidated Subsidiaries. Since To the knowledge of the Company, since January 1, 20042008, there has have been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency Governmental Entity with respect to the business, operations, policies or procedures of Parent the Company or any of its Consolidated Subsidiaries.

Reports; Regulatory Matters. (a) Parent and each Parent Subsidiary has timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was required to file since January 1, 2004 with the applicable Regulatory Agencies or any Governmental Entity, and all other reports and statements required to be filed by them since January 1, 2004, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, or any Regulatory Agency or Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, or has pending any proceeding, proceeding or enforcement action or, to the knowledge of Parent, has since January 1, 2004 initiated any proceeding, enforcement action or investigation into the business, disclosures or operations of Parent or any of its SubsidiariesParent Subsidiary. Since January 1, 2004, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parent, investigation into the business, disclosures or operations of Parent or any of its SubsidiariesParent Subsidiary. There is no unresolved violation, criticism, or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent or any of its Subsidiaries. Since January 1, 2004, there has have been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency or Governmental Entity with respect to the business, operations, policies or procedures of Parent or any of its Subsidiaries.

Reports; Regulatory Matters. (a) Parent Bank of America and each Parent Subsidiary has of its Subsidiaries have timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was they were required to file since January 1, 2004 2002 with the Regulatory Agencies or any and each other applicable Governmental Entity, and all other reports and statements required to be filed by them since January 1, 20042002, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, or any Regulatory Agency or Governmental EntityAgency, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent Bank of America and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, 2002 or has pending any proceeding, enforcement action or, to the knowledge of ParentBank of America, investigation into the business, disclosures or operations of Parent Bank of America or any of its Subsidiaries. Since January 1, 20042002, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of ParentBank of America, investigation into the business, disclosures or operations of Parent Bank of America or any of its Subsidiaries. There is no unresolved violation, criticism, or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent Bank of America or any of its Subsidiaries. Since January 1, 2004, 2002 there has been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency or Governmental Entity with respect to the business, operations, policies or procedures of Parent Bank of America or any of its SubsidiariesSubsidiaries (other than normal examinations conducted by a Regulatory Agency or Governmental Entity in Bank of America’s ordinary course of business).

Reports; Regulatory Matters. (a) Parent and each Parent Subsidiary has of its Consolidated Subsidiaries, in all material respects, have timely filed all reports, registrations schedules, registrations, statements, certifications and statementsother documents, together with any amendments required to be made with respect thereto, that it was they were required to file since January 1, 2004 2008 with the Regulatory Agencies or SEC, NASDAQ and any other Governmental Entity, and all other reports and statements required to be filed by them since January 1, 2004, including any report or statement required to be filed 2008 pursuant to the laws, rules or regulations Laws of the United States, any state, any foreign entity, or any Regulatory Agency or Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, or has pending any proceeding, enforcement action or, to To the knowledge of Parent, since January 1, 2008, no Governmental Entity has initiated or has pending any Proceeding or investigation into the business, disclosures or operations of Parent or any of its Consolidated Subsidiaries. Since To the knowledge of Parent, since January 1, 20042008, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parent, Proceeding or investigation into the business, disclosures or operations of Parent or any of its Consolidated Subsidiaries. There To the knowledge of Parent, there is no unresolved violationor threatened comment, criticism, exception or exception stop order by any Regulatory Agency or Governmental Entity with respect to any report filing by Parent or statement any of its Consolidated Subsidiaries relating to any examinations or inspections of Parent or any of its Consolidated Subsidiaries. Since To the knowledge of the Parent, since January 1, 20042008, there has have been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency Governmental Entity with respect to the business, operations, policies or procedures of Parent or any of its Consolidated Subsidiaries.

Reports; Regulatory Matters. (a) Parent The Company and each Parent Company Subsidiary has timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was required to file since January 1, 2004 with (i) the Regulatory Agencies or any Governmental Entity, and all other reports and statements required to be filed by them since January 1, 2004, including any report or statement required to be filed pursuant to the laws, rules or regulations Board of Governors of the United StatesFederal Reserve System (the “Federal Reserve Board”), (ii) the FDIC, (iii) the Office of the Comptroller of the Currency, (iv) the NASD, (v) any statestate banking agency, insurance commission or other state regulatory authority, (vi) the SEC, (vii) any foreign entityregulatory authority and (viii) any SRO (collectively, or any “Regulatory Agency or Agencies”) and with each other applicable Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent the Company and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, or has pending any proceeding, proceeding or enforcement action or, to the knowledge of Parentthe Company, has since January 1, 2004 initiated any proceeding, enforcement action or investigation into the business, disclosures or operations of Parent the Company or any of its SubsidiariesCompany Subsidiary. Since January 1, 2004, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parentthe Company, investigation into the business, disclosures or operations of Parent the Company or any of its SubsidiariesCompany Subsidiary. There is no unresolved violation, criticism, criticism or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent the Company or any of its SubsidiariesCompany Subsidiary. Since January 1, 2004, there has have been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency or Governmental Entity with respect to the business, operations, policies or procedures of Parent the Company or any of its SubsidiariesCompany Subsidiary.

Reports; Regulatory Matters. (a) Parent Parent, Buyer and each Parent Subsidiary has of their respective Subsidiaries have timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was they were required to file since January November 1, 2004 2005 with the Regulatory Agencies or any applicable Governmental Entity, and all other reports and statements required to be filed by them since January November 1, 20042005, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, entity or any Regulatory Agency or applicable Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent Parent, Buyer and its their respective Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January November 1, 2004, 2005 or has pending any material proceeding, enforcement action or, to the knowledge of ParentParent or Buyer, material investigation into the business, disclosures or operations of Parent or any of its Subsidiaries. Since January November 1, 20042005, no Regulatory Agency or Governmental Entity has resolved any material proceeding, enforcement action or, to the knowledge of ParentParent or Buyer, material investigation into the business, disclosures or operations of Parent Parent, Buyer or any of its their respective Subsidiaries. There is no unresolved material violation, criticism, criticism or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent Parent, Buyer or any of its their respective Subsidiaries. Since January November 1, 20042005, there has been no formal or informal material inquiries by, or disagreements or material disputes with, any Regulatory Agency Governmental Entity with respect to the business, operations, policies or procedures of Parent Parent, Buyer or any of its their respective Subsidiaries (other than normal examinations conducted by a Governmental Entity in the ordinary course of business of Parent, Buyer and their respective Subsidiaries).

Reports; Regulatory Matters. (a) Parent The Company and each Parent Company Subsidiary has timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was required to file since January 1, 2004 with (i) the Regulatory Agencies or any Governmental Entity, and all other reports and statements required to be filed by them since January 1, 2004, including any report or statement required to be filed pursuant to the laws, rules or regulations Board of Governors of the United StatesFederal Reserve System (the “Federal Reserve Board“), (ii) the FDIC, (iii) the Office of the Comptroller of the Currency, (iv) the NASD, (v) any statestate banking agency, insurance commission or other state regulatory authority, (vi) the SEC, (vii) any foreign entityregulatory authority and (viii) any SRO (collectively, or any “Regulatory Agency or Agencies“) and with each other applicable Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent the Company and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, or has pending any proceeding, proceeding or enforcement action or, to the knowledge of Parentthe Company, has since January 1, 2004 initiated any proceeding, enforcement action or investigation into the business, disclosures or operations of Parent the Company or any of its SubsidiariesCompany Subsidiary. Since January 1, 2004, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parentthe Company, investigation into the business, disclosures or operations of Parent the Company or any of its SubsidiariesCompany Subsidiary. There is no unresolved violation, criticism, criticism or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent the Company or any of its SubsidiariesCompany Subsidiary. Since January 1, 2004, there has have been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency or Governmental Entity with respect to the business, operations, policies or procedures of Parent the Company or any of its SubsidiariesCompany Subsidiary.

Reports; Regulatory Matters. (a) Parent and each Parent Subsidiary has of its Subsidiaries have timely filed all reports, registrations registration statements, proxy statements and statementsother materials, together with any amendments required to be made with respect thereto, that it was they were required to file since January 1, 2004 2005 with the Regulatory Agencies or any and each other applicable Governmental Entity, and all other reports and statements required to be filed by them since January 1, 20042005, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, or any Regulatory Agency or other Governmental Entity, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or other Governmental Entity in the ordinary course of the business of Parent and its Subsidiaries, no Regulatory Agency or other Governmental Entity has initiated since January 1, 2004, 2005 or has pending any proceeding, enforcement action or, to the knowledge of Parent, investigation into the business, disclosures or operations of Parent or any of its Subsidiaries. Since January 1, 20042005, no Regulatory Agency or other Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of Parent, investigation into the business, disclosures or operations of Parent or any of its Subsidiaries. There is no unresolved violation, criticism, comment or exception by any Regulatory Agency or other Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent or any of its Subsidiaries. Since January 1, 2004, 2005 there has been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency or other Governmental Entity with respect to the business, operations, policies or procedures of Parent or any of its SubsidiariesSubsidiaries (other than normal examinations conducted by a Regulatory Agency or other Governmental Entity in Parent’s ordinary course of business).

Reports; Regulatory Matters. (a) Parent Capital One and each Parent Subsidiary has of its Subsidiaries have timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was they were required to file since January 1, 2004 2001 with the Regulatory Agencies or any Governmental EntityAgencies, and all other reports and statements required to be filed by them since January 1, 20042001, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, or any Regulatory Agency or Governmental EntityAgency, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent Capital One and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, 2001 or has pending any proceeding, enforcement action or, to the knowledge of ParentCapital One, investigation into the business, disclosures or operations of Parent Capital One or any of its Subsidiaries. Since January 1, 20042001, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of ParentCapital One, investigation into the business, disclosures or operations of Parent Capital One or any of its Subsidiaries. There is no unresolved violation, criticism, or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent Capital One or any of its Subsidiaries. Since January 1, 2004, 2001 there has been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency with respect to the business, operations, policies or procedures of Parent Capital One or any of its Subsidiaries.

Reports; Regulatory Matters. (a) Parent 5.5.1. Penseco and each Parent Subsidiary has of its Subsidiaries have timely filed all reports, registrations and statements, together with any amendments required to be made with respect thereto, that it was they were required to file since January 1, 2004 2005 with the Regulatory Agencies or any and each other applicable Governmental Entity, and all other reports and statements required to be filed by them since January 1, 20042005, including any report or statement required to be filed pursuant to the laws, rules or regulations of the United States, any state, any foreign entity, entity or any Regulatory Agency or Governmental EntityAgency, and have paid all fees and assessments due and payable in connection therewith. Except for normal examinations conducted by a Regulatory Agency or Governmental Entity in the ordinary course of the business of Parent Penseco and its Subsidiaries, no Regulatory Agency or Governmental Entity has initiated since January 1, 2004, 2005 or has pending any proceeding, enforcement action or, to the knowledge of ParentPenseco, investigation into the business, disclosures or operations of Parent Penseco or any of its Subsidiaries. Since January 1, 20042005, no Regulatory Agency or Governmental Entity has resolved any proceeding, enforcement action or, to the knowledge of ParentPenseco, investigation into the business, disclosures or operations of Parent Penseco or any of its Subsidiaries. There is no unresolved violation, criticism, criticism or exception by any Regulatory Agency or Governmental Entity with respect to any report or statement relating to any examinations or inspections of Parent Penseco or any of its Subsidiaries. Since January 1, 2004, there has been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency with respect to the business, operations, policies or procedures of Parent or any of its Subsidiaries.its