Stockholder Approval. The Plan will be submitted for the approval of the Company’s stockholders within twelve (12) months after the date of the Board’s initial adoption of the Plan. Options or Stock Purchase Rights may be granted prior to such stockholder approval, provided that such Options and Stock Purchase Rights shall not be exercisable, shall not vest and the restrictions thereon shall not lapse prior to the time when the Plan is approved by the stockholders, and provided further that if such approval has not been obtained at the end of said twelve-month period, all Options and Stock Purchase Rights previously granted under the Plan shall thereupon be canceled and become null and void.

Board Approval. The board of directors of the Company (the “Company Board”) (including any required committee or subgroup thereof), by resolutions duly adopted, has # determined that this Agreement and the Transactions are advisable and in the best interest of the Company and the Company Stockholders, # approved this Agreement and the Transactions in accordance with the Company Certificate of Incorporation and declared their advisability, and # resolved to recommend that the stockholders of the Company approve and adopt each of the matters requiring Company Stockholder Approval and directed that this Agreement and the Transactions be submitted for consideration by the Company Stockholders in accordance with Section 5.16.

Extension Approval. The Extension Approval shall have been obtained.

Amendment Approval. The addition of the SPIV and NCI as parties to each of the Ancillary Agreements as set forth in Section 1 above has been approved by the Company and other parties to each of the Ancillary Agreements holding # at least 65% of the Company’s outstanding Series A-1 Preferred Stock and Series A Preferred Stock voting together as a class on an as converted to Common Stock basis; and # at least 67% of the Company’s outstanding Series B Preferred Stock.

Stockholder Approval. The Company shall obtain stockholder approval of any Plan amendment to the extent necessary to comply with Applicable Laws.

Shareholder Approval. NOVA Shareholder Approval shall have been obtained.

Use; Approval. Bank # shall use the Company Marks on Program Cards and as agreed by the Parties in writing in [Section 11.4.1(a), (y)])] may use the Company Marks in the ordinary course of performing services under this Agreement, including servicing the Accounts in the ordinary course and # shall not use the Company Marks in a manner prohibited by Applicable Law; provided, that in accordance with the review and approval process for the use of the Company Marks on Program Marketing Communications and Forms set forth in [Section 3.2], Bank shall obtain the prior written consent of Company on the form of the Company Marks used on the Program Cards and used in the ordinary course of Bank performing services under this Agreement. Bank shall not use the Company Marks # for any purpose or use other than performing or providing services pursuant to and in accordance with this Agreement, or # in a manner prohibited by Applicable Law.

Stockholder Approval. Eastside will use commercially reasonable efforts to obtain from its stockholders as soon as possible following the date hereof such approval as is required by applicable law and/or rules of the Trading Market to effect all material terms of this Agreement (the “Stockholder Approval”), including without limitation approval to amend its articles of incorporation to increase its authorized Common Stock to a number of shares that equals or exceeds ten million (10,000,000) shares.

Substantial changes to the cost structure require the prior written approval of the FFG.

Approval for Listing. The Placement Shares shall either have been approved for listing on the Exchange, subject only to notice of issuance, or the Company shall have filed an application for listing of the Placement Shares on the Exchange at, or prior to, the issuance of any Placement Notice.