Common use of Specific Prohibitions Clause in Contracts

Specific Prohibitions. For purposes of this Section 5.01, it shall not be considered in the ordinary course of business for NSB to do any of the following: (i) make any capital expenditure of $10,000 or more not disclosed in Section 5.01(b) of the NSB Disclosure Schedule without the prior written consent of First Star; (ii) make any sale, assignment, transfer, pledge, hypothecation or other disposition of any assets having a book or market value, whichever is greater, in the aggregate in excess of $25,000, other than pledges of assets to secure government deposits, sales of assets received in satisfaction of debts previously contracted in the normal course of business, issuance of loans, or transactions in the investment securities portfolio of NSB or repurchase agreements made, in each case, in the ordinary course of business or (iii) undertake or enter into any lease, contract or other commitment for its account involving a payment by NSB of more than $10,000 annually, or containing a material financial commitment and extending beyond six months from the date hereof, other than in the normal course of providing credit to customers as part of its banking business, and agreements for professional services incurred in connection with the transactions contemplated by this Agreement.