Evidences of Indebtedness. All evidences of indebtedness and Leases included in the Call Reports and the Keystone Financial Statements are the legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms, subject to the Bankruptcy Exception, and are not subject to any known or threatened defenses, offsets or counterclaims that may be asserted against Keystone or any of its Subsidiaries or the present holder thereof. The credit files of Keystone and the Bank contain all material information (excluding general, local or national industry, economic or similar conditions) known to Keystone that is reasonably required to evaluate in accordance with generally prevailing practices in the banking industry the collectability of the loan portfolio of Keystone or the Bank (including loans that will be outstanding if any of them advances funds they are obligated to advance). Keystone and the Bank have disclosed all of the intermediate, substandard, doubtful, loss, nonperforming or problem loans of Keystone and the Bank on the internal watch list of Keystone or the Bank, a copy of which as of September 30, 2025 has been provided to TCBX. Neither Keystone nor the Bank is aware of, nor has Keystone or the Bank received notice of, any past or present conditions, events, activities, practices or incidents that may result in a violation of any Environmental Law with respect to any real property securing any indebtedness reflected as an asset of Keystone. With respect to any loan or other evidence of indebtedness all or a portion of which has been sold to or guaranteed by any Governmental Entity, including the Small Business Administration, each of such loans was made in compliance and conformity with all relevant Laws such that such Governmental Entity’s guaranty of such loan is effective during the term of such loan in all material respects.
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Sources: Agreement and Plan of Reorganization (Third Coast Bancshares, Inc.), Agreement and Plan of Reorganization (Third Coast Bancshares, Inc.)
Evidences of Indebtedness. All evidences of indebtedness and Leases included in the Call Reports and the Keystone KBC Financial Statements are the legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms, subject to the Bankruptcy Exception, and are not subject to any known or threatened defenses, offsets or counterclaims that may be asserted against Keystone KBC or any of its Subsidiaries or the present holder thereof. The credit files of Keystone KBC and the Bank contain all material information (excluding general, local or national industry, economic or similar conditions) known to Keystone KBC that is reasonably required to evaluate in accordance with generally prevailing practices in the banking industry the collectability of the loan portfolio of Keystone KBC or the Bank (including loans that will be outstanding if any of them advances funds they are obligated to advance). Keystone KBC and the Bank have disclosed all of the intermediatespecial mention, substandard, impaired, doubtful, loss, nonperforming or problem loans of Keystone KBC and the Bank on the internal watch list of Keystone KBC or the Bank, a copy of which as of September 30, 2025 2017, has been provided to TCBXEQBK. Neither Keystone KBC nor the Bank is aware of, nor has Keystone KBC or the Bank received notice of, any past or present conditions, events, activities, practices or incidents that may result in a violation of any Environmental Law with respect to any real property securing any indebtedness reflected as an asset of KeystoneKBC. With respect to any loan or other evidence of indebtedness all or a portion of which has been sold to or guaranteed by any Governmental Entity, including the Small Business Administration, each of such loans was made in compliance and conformity with all relevant Laws such that such Governmental Entity’s guaranty of such loan is effective during the term of such loan in all material respects.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Equity Bancshares Inc)
Evidences of Indebtedness. All evidences of indebtedness and Leases included in the Call Reports and the Keystone Financial Statements FR Y-9SP Reports are the legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms, subject to the Bankruptcy Exception, and are not subject to any known or threatened defenses, offsets or counterclaims that may be asserted against Keystone Cache or any of its Subsidiaries or the present holder thereof. The credit files of Keystone Cache and the Bank contain all material information (excluding general, local or national industry, economic or similar conditions) known to Keystone Cache that is reasonably required to evaluate in accordance with generally prevailing practices in the banking industry the collectability of the loan portfolio of Keystone Cache or the Bank (including loans that will be outstanding if any of them advances funds they are obligated to advance). Keystone Cache and the Bank have disclosed all of the intermediate, substandard, doubtful, loss, nonperforming or problem loans of Keystone Cache and the Bank on the internal watch list of Keystone Cache or the Bank, a copy of which as of September April 30, 2025 2017, has been provided to TCBXEQBK. Neither Keystone Cache nor the Bank is aware of, nor has Keystone Cache or the Bank received notice of, any past or present conditions, events, activities, practices or incidents that may result in a violation of any Environmental Law with respect to any real property securing any indebtedness reflected as an asset of KeystoneCache. With respect to any loan or other evidence of indebtedness all or a portion of which has been sold to or guaranteed by any Governmental Entity, including the Small Business Administration, each of such loans was made in compliance and conformity with all relevant Laws such that such Governmental Entity’s guaranty of such loan is effective during the term of such loan in all material respects.
Appears in 1 contract
Evidences of Indebtedness. All evidences of indebtedness and Leases included in the Call Reports and the Keystone TBT Financial Statements are the legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms, subject to the Bankruptcy Exception, and to the Knowledge of TBT, are not subject to any known or threatened defenses, offsets or counterclaims that may be asserted against Keystone TBT or any of its Subsidiaries or the present holder thereof. The credit files of Keystone TBT and the Bank contain all material information (excluding general, local or national industry, economic or similar conditions) known to Keystone TBT that is reasonably required to evaluate in accordance with generally prevailing practices in the banking industry the collectability of the loan portfolio of Keystone TBT or the Bank (including loans that will be outstanding if any of them advances funds they are obligated to advance). Keystone TBT and the Bank have disclosed all of the intermediatespecial mention, substandard, impaired, doubtful, loss, nonperforming or problem loans of Keystone TBT and the Bank on the internal watch list of Keystone TBT or the Bank, a copy of which as of September June 30, 2025 2019, has been provided made available to TCBXFFIN. Neither Keystone TBT nor the Bank is aware of, nor has Keystone TBT or the Bank received notice of, any past or present conditions, events, activities, practices or incidents that may result in a violation of any Environmental Law with respect to any real property securing any indebtedness reflected as an asset of KeystoneTBT. With respect to any loan or other evidence of indebtedness all or a portion of which has been sold to or guaranteed by any Governmental Entity, including the Small Business Administration, each of such loans was made in compliance and conformity with all relevant Laws such that such Governmental Entity’s guaranty of such loan is effective during the term of such loan in all material respects. Notwithstanding anything to the contrary contained in this Section 3.17, no representation or warranty is being made as to the sufficiency of collateral securing, or the collectability of, the loans of the Bank; provided, however, that to the Knowledge of TBT, except as disclosed in the TBT Financial Statements or except as set forth on Confidential Schedule 3.17, no loan of the Bank is impaired and there is no impairment of the fair value of any collateral securing any loan of the Bank.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (First Financial Bankshares Inc)
Evidences of Indebtedness. All evidences of indebtedness and Leases included in the Call Reports and the Keystone ▇▇▇▇▇▇▇ Financial Statements are the legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms, subject to the Bankruptcy Exception, and are not subject to any known or threatened defenses, offsets or counterclaims that may be asserted against Keystone ▇▇▇▇▇▇▇ or any of its Subsidiaries or the present holder thereof. The credit files of Keystone ▇▇▇▇▇▇▇ and the Bank contain all material information (excluding general, local or national industry, economic or similar conditions) known to Keystone ▇▇▇▇▇▇▇ that is reasonably required to evaluate in accordance with generally prevailing practices in the banking industry the collectability of the loan portfolio of Keystone ▇▇▇▇▇▇▇ or the Bank (including loans that will be outstanding if any of them advances funds they are obligated to advance). Keystone ▇▇▇▇▇▇▇ and the Bank have disclosed all of the intermediatespecial mention, substandard, impaired, doubtful, loss, nonperforming or problem loans of Keystone Eastman and the Bank on the internal watch list of Keystone ▇▇▇▇▇▇▇ or the Bank, a copy of which as of September June 30, 2025 2017, has been provided to TCBXEQBK. Neither Keystone ▇▇▇▇▇▇▇ nor the Bank is aware of, nor has Keystone ▇▇▇▇▇▇▇ or the Bank received notice of, any past or present conditions, events, activities, practices or incidents that may result in a violation of any Environmental Law with respect to any real property securing any indebtedness reflected as an asset of Keystone▇▇▇▇▇▇▇. With respect to any loan or other evidence of indebtedness all or a portion of which has been sold to or guaranteed by any Governmental Entity, including the Small Business Administration, each of such loans was made in compliance and conformity with all relevant Laws such that such Governmental Entity’s guaranty of such loan is effective during the term of such loan in all material respects.
Appears in 1 contract