Common use of Risk Management Instruments Clause in Contracts

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital One, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One or any of its Subsidiaries or for the account of a customer of Capital One or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital One, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected likely to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneVeritex, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One Veritex or any of its Subsidiaries or for the account of a customer of Capital One Veritex or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One Veritex or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One Veritex and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital OneVeritex, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneDiscover, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One Discover or any of its Subsidiaries or for the account of a customer of Capital One Discover or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One Discover or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One Discover and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital OneDiscover, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneBuyer, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions Derivative Transactions and risk management arrangements, whether entered into for the account of Capital One Buyer or any of its Subsidiaries or for the account of a customer of Capital One Buyer or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency Governmental Authority and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One Buyer or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One Buyer and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of Capital OneBuyer, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected likely to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneBuyer, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions Derivative Transactions and risk management arrangements, whether entered into for the account of Capital One Buyer or any of its Subsidiaries or for the account of a customer of Capital One Buyer or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency Governmental Authority and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One Buyer or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One Buyer and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge Knowledge of Capital OneBuyer, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected likely to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneFirstMerit, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One FirstMerit or any of its Subsidiaries or for the account of a customer of Capital One FirstMerit or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One FirstMerit or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One FirstMerit and each of its Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital OneFirstMerit, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneSASR, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One SASR or any of its Subsidiaries or for the account of a customer of Capital One SASR or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any SASR Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One SASR or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One SASR and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital OneSASR’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneAUB, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One AUB or any of its Subsidiaries or for the account of a customer of Capital One AUB or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any AUB Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One AUB or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One AUB and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital OneAUB’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital Onethe Company, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One the Company or any of its the Company Subsidiaries or for the account of a customer of Capital One the Company or one any of its the Company Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One the Company or one of its the Company Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One The Company and each of its the Company Subsidiaries have has duly performed in all material respects all of their respective its material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital Onethe Company, there are no material breaches, violations or defaults or bona fide allegations or assertions of such by any party thereunder.

Risk Management Instruments. Except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Capital OneSouthState, all interest rate swaps, caps, floors, option agreements, futures and forward contracts and other similar derivative transactions and risk management arrangements, whether entered into for the account of Capital One SouthState or any of its Subsidiaries or for the account of a customer of Capital One SouthState or one of its Subsidiaries, were entered into in the ordinary course of business and in accordance with applicable rules, regulations and policies of any Regulatory Agency and with counterparties reasonably believed to be financially responsible at the time and are legal, valid and binding obligations of Capital One SouthState or one of its Subsidiaries enforceable in accordance with their terms (except as may be limited by the Enforceability Exceptions). Capital One SouthState and each of its Subsidiaries have duly performed in all material respects all of their respective material obligations thereunder to the extent that such obligations to perform have accrued, and, to the knowledge of Capital OneSouthState’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunderthereto.