Bank Assets. Shall mean those assets of Assignor to be transferred to Assignee pursuant to this Agreement, which will consist of all of Assignor's assets at the Effective Time other than the Excluded Assets, and shall include, without limitation, the following: (i) the Real Property and Other Real Estate Owned; (ii) the Personalty; (iii) the Loans; (iv) the Banking Office Leases, Tenant Leases and Safe Deposit Agreements; (v) all rights under any building maintenance, service, vendor or other contracts in
... effect as of the date hereof relating to the banking services, functions and activities conducted or performed by Assignor (the "Bank Business"), to the extent such contracts are assignable and do not consist of or relate to Excluded Assets; (vi) Cash, except to the extent constituting Excluded Assets; (vii) Investment Securities, except to the extent constituting Excluded Assets; (viii) prepaid expenses relating to any other Bank Asset as of the date hereof; (ix) rights appertaining to the contracts and relationships giving rise to the Deposit Liabilities that Assignee is assuming; (x) rights appertaining to any negative deposits (overdrafts) in accounts booked at or allocated to the Banking Offices and outstanding as of the date hereof; (xi) all insurance premiums paid by Assignor to the Federal Deposit Insurance Corporation ("FDIC") that are allocable to insurance coverage for the Deposit Liabilities after the Effective Time; (xii) ownership interests in the capital stock of the Federal Home Loan Bank of New York owned by Assignor immediately prior to closing; (xiii) rights 3 appertaining to Custodial Accounts, Fiduciary Accounts and other similar accounts; and (xiv) any and all other rights, property and assets, including intangible assets, relating to or used by Assignor in the Bank Business, except for any of the foregoing that shall be Excluded Assets.
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