Common use of Securities Documents and Regulatory Reports Clause in Contracts

Securities Documents and Regulatory Reports. (a) MBFI’s Securities Documents filed after December 31, 2002, (i) complied in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents, in all material respects, the financial position of MBFI and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in shareholders’ equity and cash flows, as the case may be, of MBFI and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance with the requirements of applicable laws and regulations. In connection with the examinations of MB Bank since December 31, 2002 by the OCC or any other Regulatory Authority, MB Bank was not required to correct or change any action, procedure or proceeding which MBFI believes has not been corrected or changed as required.

Securities Documents and Regulatory Reports. (a) MBFIMutualFirst’s Securities Documents filed after December 31, 20022003, (i) complied in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents, in all material respects, the financial position of MBFI MutualFirst and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in shareholders’ equity and cash flows, as the case may be, of MBFI MutualFirst and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI MutualFirst and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance with the requirements of applicable laws and regulations. In connection with the examinations of MB Bank ▇▇▇▇ since December 31, 2002 2003 by the OCC OTS, the FDIC or any other Regulatory Authority, MB Bank ▇▇▇▇ was not required to correct or change any action, procedure or proceeding which MBFI MutualFirst believes has not been corrected or changed as required.

Securities Documents and Regulatory Reports. (a) MBFI’s Since January 1, 1995, the Acquiror has timely filed with the Commission (and since April 1997 the AMEX to the extent specifically required by the rules and regulations thereof) all Securities Documents filed after December 31, 2002, (i) required by the Securities Laws and such Securities Documents complied in all material respects respect with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, Laws and (ii) did not contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets contained in or incorporated by reference into any such Securities Document . (including the related notes and schedules theretob) fairly presentsSince January 1, in all material respects1995, the financial position of MBFI Acquiror and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respectsAcquiror Bank has duly filed with the FRB, the results of operationsFDIC, changes in shareholders’ equity the NYSBD and cash flowsany other applicable federal or state banking authority, as the case may be, of MBFI and its Subsidiaries for in correct form the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects complete and accurate and in compliance with the requirements of applicable laws and regulations. In connection with the most recent examinations of MB the Acquiror or the Acquiror Bank since December 31, 2002 by the OCC FRB, the FDIC or any other Regulatory Authoritythe NYSBD, MB as the case may be, neither the Acquiror nor the Acquiror Bank was not required to correct or change any action, procedure or proceeding which MBFI the Acquiror or the Acquiror Bank believes has not been corrected or changed as requiredrequired as of the date hereof and which could have a Material Adverse Effect on the Acquiror.

Securities Documents and Regulatory Reports. (a) MBFI’s Since January 1, 1993, the Acquiror has timely filed with the Commission and the NASD all Securities Documents filed after December 31, 2002, (i) required by the Securities Laws and such Securities Documents complied in all material respects respect with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, Laws and (ii) did not contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; . (b) Since January 1, 1993, the Acquiror and each of Acquiror Subsidiary which is an insured depository institution under the balance sheets contained in or incorporated by reference into any such Securities Document (including FDIA has duly filed with the related notes and schedules thereto) fairly presents, in all material respectsFRB, the financial position of MBFI and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respectsOCC, the results FDIC and the Pennsylvania Department of operations, changes in shareholders’ equity and cash flowsBanking, as the case may be, of MBFI and its Subsidiaries for in correct form the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects complete and accurate and in compliance with the requirements of applicable laws and regulations. In connection with the most recent examinations of MB Bank since December 31, 2002 the Acquiror or an Acquiror Subsidiary by the OCC FRB, the OCC, the FDIC or the Pennsylvania Department of Banking, neither the Acquiror nor any other Regulatory Authority, MB Bank Acquiror Subsidiary was not required to correct or change any action, procedure or proceeding which MBFI the Acquiror or the Acquiror Subsidiary believes has not been corrected or changed as requiredrequired as of the date hereof and which could have a Material Adverse Effect on the Acquiror.

Securities Documents and Regulatory Reports. (a) MBFI’s Since January 1, 1993, the Acquiror has timely filed with the Commission all Securities Documents filed after December 31, 2002, (i) required by the Securities Laws and such Securities Documents complied in all material respects respect with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, Laws and (ii) did not contain con- tain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances circum- stances under which they were made, not misleading; . (b) Since January 1, 1993, the Acquiror, the Ac- quiror Sub and each of Acquiror Subsidiary which is an insured depository institution under the balance sheets contained in or incorporated by reference into any such Securities Document (including FDIA has duly filed with the related notes and schedules thereto) fairly presents, in all material respectsFRB, the financial position of MBFI and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respectsOCC, the results of operations, changes in shareholders’ equity FDIC and cash flowsthe Superintendent, as the case may be, of MBFI and its Subsidiaries for in correct form the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable ap- plicable laws and regulations and such reports were in all ma- terial respects complete and accurate in all material respects and in compliance with the requirements of applicable laws and regulations. In connection con- nection with the most recent examinations of MB Bank since December 31, 2002 the Acquiror or an Acquiror Subsidiary by the OCC FRB, the OCC, the FDIC or the Super- intendent, neither the Acquiror nor any other Regulatory Authority, MB Bank Acquiror Subsidiary was not required to correct or change any action, procedure or proceeding proceed- ing which MBFI the Acquiror or the Acquiror Subsidiary believes has not been corrected or changed as required.

Securities Documents and Regulatory Reports. (a) MBFIMFB’s Securities Documents filed after December 31September 30, 20022003, (i) complied in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents, presents in all material respects, respects the financial position of MBFI MFB and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in shareholders’ equity and cash flows, as the case may be, of MBFI ofMFB and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI MFB and its Subsidiaries have duly and timely filed with all applicable Regulatory Authorities all reports required to be filed by them under applicable laws and regulations and such reports were complete and accurate in all material respects and in compliance with the requirements of applicable laws and regulations. In connection with the examinations of MB Bank MFB Financial since December 31September 30, 2002 2003 by the OCC OTS, the FDIC or any other Regulatory Authority, MB Bank MFB Financial was not required to correct or change any action, procedure or proceeding which MBFI MFB believes has not been corrected or changed as required. As of the date hereof, the last examination of MFB Financial by the OTS was as of June 25, 2007.

Securities Documents and Regulatory Reports. (a) MBFI’s 4.6.1 Since September 30, 2013, CMS Bancorp has timely filed, including those filed within the period permitted by Rule 12b-25 of the Exchange Act, with the SEC all Securities Documents filed after December 31required by the Securities Laws and such Securities Documents, 2002as the same may have been amended, (i) complied as to form in all material respects with the applicable requirements under the Securities Act or the Exchange Act, as the case may be, Laws and (ii) did not contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; and each of the balance sheets contained in or incorporated by reference into any such Securities Document (including the related notes and schedules thereto) fairly presents, in all material respects, the financial position of MBFI and its Subsidiaries as of its date, and each of the statements of income and changes in shareholders’ equity and cash flows or equivalent statements in such Securities Documents (including any notes or schedules thereto) fairly presents, in all material respects, the results of operations, changes in shareholders’ equity and cash flows, as the case may be, of MBFI and its Subsidiaries for the periods to which they relate, in each case in accordance with GAAP consistently applied during the periods involved, except in each case as may be noted therein, subject to non-material, normal year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements. (b) MBFI and its Subsidiaries have 4.6.2 Since September 30, 2013, CMS Bancorp has duly and timely filed with all applicable Regulatory Authorities all reports the Bank Regulators in correct form the reports, forms, schedules, registrations, statements and other documents, together with any amendments required to be made thereto, required to be filed by them under applicable laws and regulations and such reports documents were complete and accurate in all material respects and in compliance in all material respects with the requirements of applicable laws and regulations. In Except as set forth in Section 4.6.2 of the CMS Bancorp Disclosure Schedule, in connection with the federal and state examinations of MB CMS Bancorp and CMS Bank, CMS Bancorp and CMS Bank since December 31, 2002 by the OCC or any other Regulatory Authority, MB Bank was are not required to correct have completed, corrected or change changed any material action, procedure or proceeding which MBFI CMS Bancorp believes has not been completed, corrected or changed as requiredrequired as of the date hereof to the reasonable satisfaction of the Bank Regulators. CMS Bancorp and CMS Bank have paid any fees and assessments due and payable to Bank Regulators as required under applicable laws and regulations.