Common use of Litigation; Regulatory Action Clause in Contracts

Litigation; Regulatory Action. (i) No litigation, claim or other proceeding before any court or governmental agency is pending against it or any of its Subsidiaries and, to the best of its knowledge, no such litigation, claim or other proceeding has been threatened. (ii) Neither it nor any of its Subsidiaries or properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter from, any federal or state governmental agency or authority charged with the supervision or regulation of financial institutions or issuers of securities or engaged in the insurance of deposits (including, without limitation, the OCC, the Federal Reserve Board, the FDIC and the OTS) or the supervision or regulation of it or any of its Subsidiaries (collectively, the "Regulatory Authorities"). (iii) Neither it nor any of its Subsidiaries has been advised by any Regulatory Authority that such Regulatory Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (i) No Except as disclosed in the Company SEC Documents filed before the date of this Agreement, no litigation, claim proceeding, investigation or other proceeding controversy ("Litigation") before any court court, arbitrator, mediator, or governmental agency Governmental Authority is pending against it or involves the Company or any of its Subsidiaries Subsidiaries, and, to the best of its Company's knowledge, no such litigation, claim or other proceeding Litigation has been threatened. (ii) Neither it ; neither the Company nor any of its Subsidiaries or properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter from, any federal or state governmental agency or authority Governmental Authority charged with the supervision or regulation of financial institutions broker-dealers, securities underwriting or issuers of securities trading, stock exchanges, commodities exchanges, investment companies, investment advisors or engaged in the insurance of deposits (including, without limitation, the OCC, the Federal Reserve Board, the FDIC agents and the OTS) brokers or the supervision or regulation of it the Company or any of its Subsidiaries (collectively, or any of the "Regulatory Authorities"). (iii) Neither it other businesses they conduct; and neither the Company nor any of its Subsidiaries has been advised notified in writing by or received any Regulatory written communication from any such Governmental Authority to the effect that such Regulatory Governmental Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (i) No Except as disclosed in the Company SEC Documents filed before the date of this Agreement, no litigation, claim proceeding, investigation or other proceeding controversy ("Litigation") before any court court, arbitrator, mediator, or governmental agency Governmental Authority is pending against it or involves the Company or any of its Subsidiaries Subsidiaries, and, to the best of its Company's knowledge, no such litigation, claim or other proceeding Litigation has been threatened. (ii) Neither it ; neither the Company nor any of its Subsidiaries or properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter from, any federal or state governmental agency or authority Governmental Authority charged with the supervision or regulation of financial institutions broker-dealers, securities underwriting or issuers of securities trading, stock exchanges, commodities exchanges, investment companies, investment advisors or engaged in the insurance of deposits (including, without limitation, the OCC, the Federal Reserve Board, the FDIC agents and the OTS) brokers or the supervision or regulation of it the Company or any of its Subsidiaries (collectively, or any of the "Regulatory Authorities"). (iii) Neither it other businesses they conduct; and neither the Company nor any of its Subsidiaries has been advised notified in writing by or received any Regulatory written communication from any such Governmental Authority to the effect that such Regulatory Governmental Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.appropriateness

Litigation; Regulatory Action. (i) No Except as disclosed in the Company SEC Documents filed before the date of this Agreement, no litigation, claim proceeding, investigation or other proceeding controversy (“Litigation”) before any court court, arbitrator, mediator, or governmental agency Governmental Authority is pending against it or involves the Company or any of its Subsidiaries Subsidiaries, and, to the best of its Company’s knowledge, no such litigation, claim or other proceeding Litigation has been threatened. (ii) Neither it ; neither the Company nor any of its Subsidiaries or properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter from, any federal or state governmental agency or authority Governmental Authority charged with the supervision or regulation of financial institutions broker-dealers, securities underwriting or issuers of securities trading, stock exchanges, commodities exchanges, investment companies, investment advisors or engaged in the insurance of deposits (including, without limitation, the OCC, the Federal Reserve Board, the FDIC agents and the OTS) brokers or the supervision or regulation of it the Company or any of its Subsidiaries (collectively, or any of the "Regulatory Authorities"). (iii) Neither it other businesses they conduct; and neither the Company nor any of its Subsidiaries has been advised notified in writing by or received any Regulatory written communication from any such Governmental Authority to the effect that such Regulatory Governmental Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (iExcept as Previously Disclosed in Schedule 4.2(I) No no litigation, claim proceeding or other proceeding controversy before any court or governmental agency is pending against it that, individually or any of in the aggregate, is reasonably likely to have a Material Adverse Effect on USBN or its Subsidiaries or that alleges claims under any fair lending law or other law relating to discrimination, including the Equal Credit Opportunity Act, the Fair Housing Act, the Community Reinvestment Act and the Home Mortgage Disclosure Act, and, to the best of its knowledge, no such litigation, claim proceeding or other proceeding controversy has been threatened. (ii) Neither it ; and except as Previously Disclosed in Schedule 4.2(I), neither USBN nor any of its Subsidiaries or any of its or their material properties or their officers, directors or controlling persons is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter fromany Regulatory Authority, any federal or state governmental agency or authority charged with the supervision or regulation of financial institutions or issuers of securities or engaged in the insurance of deposits (including, without limitation, the OCC, the Federal Reserve Board, the FDIC and the OTS) or the supervision or regulation of it or any of its Subsidiaries (collectively, the "Regulatory Authorities"). (iii) Neither it neither USBN nor any of its Subsidiaries has been advised by any of such Regulatory Authority Authorities that such Regulatory Authority authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of or understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (i) No Except as Previously Disclosed in Schedule 3.01(L), no litigation, claim proceeding or other proceeding controversy before any court or governmental agency is pending against it which, individually or in the aggregate, is reasonably likely to have a Material Adverse Effect on Community or which alleges claims under any of its Subsidiaries fair lending law or other law relating to discrimination, including, without limitation, the Equal Credit Opportunity Act, the Fair Housing Act, the Community Reinvestment Act, and the Home Mortgage Disclosure Act, and, to the best of its knowledge, no such litigation, claim proceeding or other proceeding controversy has been threatened. (ii) Neither ; and except as Previously Disclosed in Schedule 3.01(L), neither it nor any of its the Community Subsidiaries or any of its or their material properties or their officers, directors or controlling persons is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter from, any federal or state governmental agency or authority charged with the supervision or regulation of financial depository institutions or issuers of securities or engaged in the insurance of deposits together with any and all agencies or departments of federal, state or local government (including, without limitation, the OCCFHL Bank, the Federal Reserve Board, the FDIC FDIC, the Internal Revenue Service, the Department of Revenue of the State of Idaho, the Securities Exchange Commission and the OTS) any other federal or the supervision state bank, or regulation of it or any of its Subsidiaries other financial institution, insurance and securities regulatory authorities (collectively, the "Regulatory Authorities"). (iii) Neither and neither it nor any of its the Community Subsidiaries has been advised by any of such Regulatory Authority Authorities that such Regulatory Authority authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of or understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. Except as Previously Disclosed, ----------------------------- (i1) No no litigation, claim proceeding or other proceeding controversy ("Litigation") before any court court, arbitrator, mediator or governmental agency Regulatory Authority is pending against it the Company which, individually or any of its Subsidiaries in the aggregate, is reasonably likely to have a Material Adverse Effect on the Company and, to the best of its the Company's knowledge, no such litigation, claim or other proceeding Litigation has been threatened. ; (ii2) Neither it neither the Company nor any of its Subsidiaries or properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter or similar submission to, or extraordinary supervisory letter from, any federal or state governmental agency or authority Regulatory Authority charged with the supervision or regulation of financial institutions or issuers of securities or engaged in the insurance of deposits (including, without limitation, the OCC, the Federal Reserve Board, the FDIC agents and the OTS) brokers or the supervision or regulation of it or any of its Subsidiaries the Company; and (collectively, 3) the "Regulatory Authorities"). (iii) Neither it nor any of its Subsidiaries Company has not been advised by any such Regulatory Authority that such Regulatory Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of or understanding, commitment letter, supervisory letter or similar submission. Previously Disclosed is a true and complete list, as of the date hereof, of all Litigation pending or threatened relating to the Company or arising out of any state of facts relating to the sale of insurance products by the Company or any employees thereof.