Common use of Certificate Liabilities Clause in Contracts

Certificate Liabilities. All liabilities for payment of certificates of deposit, with a maturity of less than 45 days and given an account number maintained at the Branches or assigned to the Branches in the ordinary course pursuant to Seller’s accounting system (except for ▇▇▇ certificates of deposit transferred at the request of a depositer as provided in Section 4.2(A)), in each case as of the close of business on January 31, 2010 (the “Cut-Off Certificates”), all of which shall be listed in full on Schedule 1.2B.1 hereto (the “Certificate Balance”), together with any changes in the Cut-Off Certificates with a maturity of less than 45 days from the month-end preceding the Closing Date and all new certificate accounts from January 31, 2010, through the close of business on the day immediately before the Closing Date with a maturity of less than 45 days from the month-end preceding the Closing Date (the “Interim Certificates”) (the Cut-Off Date Certificates and Interim Certificates in each case as of the close of business on the day immediately before the Closing Date are hereinafter collectively referred to as the “Certificates” or the “Certificate Liabilities”), in accordance with the terms of the agreements pertaining to such Certificates, together with interest accrued thereon but unpaid as of the close of business on the day immediately before the Closing Date (the “Accrued Certificate Interest”). Said Certificate Liabilities and Accrued Certificate Interest shall be specified in Schedule 1.2B.2 to be prepared by Seller and be attached hereto and made a part hereof as of the Closing Date. All liabilities for payment of certificates of deposit given an account number maintained at the Branches or assigned to the Branches in the ordinary course pursuant to Seller’s accounting system that are not Certificate Liabilities or Accrued Certificate Interest shall remain with Seller.

Certificate Liabilities. All liabilities for payment of certificates of deposit, with a maturity of less than 45 days and deposit given an account number maintained at the Branches Branch or assigned to the Branches Branch in the ordinary course pursuant to Seller’s accounting system (except for ▇▇▇ certificates of deposit transferred at the request of a depositer as provided in Section 4.2(A)), in each case as of the close of business on January 31February 29, 2010 2012 (the “Cut-Off Certificates”), all of which shall be listed in full on Schedule 1.2B.1 hereto (the “Certificate Balance”), together with any changes in the Cut-Off Certificates with a maturity of less than 45 days from the month-end preceding the Closing Date and all new certificate accounts from January 31February 29, 20102012, through the close of business on the day immediately before the Closing Date with a maturity of less than 45 days from the month-end preceding the Closing Date (the “Interim Certificates”) (the Cut-Off Date Certificates and Interim Certificates in each case as of the close of business on the day immediately before the Closing Date are hereinafter collectively referred to as the “Certificates” or the “Certificate Liabilities”), in accordance with the terms of the agreements pertaining to such Certificates, together with interest accrued thereon but unpaid as of the close of business on the day immediately before the Closing Date (the “Accrued Certificate Interest”). Said Certificate Liabilities and Accrued Certificate Interest shall be specified in Schedule 1.2B.2 to be prepared by Seller and be attached hereto and made a part hereof as of the Closing Date. All liabilities for payment of certificates of deposit given an account number maintained at the Branches Branch or assigned to the Branches Branch in the ordinary course pursuant to Seller’s accounting system that are not Certificate Liabilities or Accrued Certificate Interest shall remain with Seller.