Commitments and Contingencies

12 Months Ended

Dec. 31, 2011

Commitments and Contingencies [Abstract]

COMMITMENTS AND CONTINGENCIES

NOTE 20 — COMMITMENTS AND CONTINGENCIES

In the normal course of business, the Corporation enters into various transactions with its customers, which are not included in its consolidated statements of financial condition. These transactions include unused commitments to extend credit, standby letters of credit and approved but undisbursed loans (loan commitments). Unused commitments to extend credit are agreements to lend to a customer as long as there is no violation of any condition established in the loan contract. Unused commitments to extend credit generally have fixed expiration dates or other termination clauses. Historically, the majority of the unused commitments to extend credit of Chemical Bank have not been drawn upon and, therefore, may not represent future cash requirements. Standby letters of credit are conditional commitments issued by Chemical Bank to generally guarantee the performance of a customer to a third party. Both arrangements have credit risk essentially the same as that involved in making loans to customers and are subject to the Corporation’s normal credit policies, including underwriting standards and ongoing review and monitoring. Collateral obtained upon exercise of commitments is determined using management’s credit evaluation of the borrowers and may include real estate, business assets, deposits and other items. Loan commitments are not included in loans on the consolidated statements of financial position. The majority of loan commitments will be funded and convert to a portfolio loan within a three-month period.

At December 31, 2011, total unused commitments to extend credit, standby letters of credit and loan commitments were $677 million, $46 million and $145 million, respectively. At December 31, 2010, total unused commitments to extend credit, standby letters of credit and loan commitments were $624 million, $45 million and $159 million, respectively. A significant portion of the unused commitments to extend credit and standby letters of credit outstanding as of December 31, 2011 expire one year from their contract date; however, $63 million of unused commitments to extend credit extend for more than five years.

The Corporation’s unused commitments to extend credit and standby letters of credit have been estimated to have an immaterial realizable fair value, as historically the majority of these commitments have not been drawn upon and generally Chemical Bank does not receive fees in connection with these agreements. At December 31, 2011, the Corporation had a reserve of $0.3 million related to potential losses from standby letters of credit.

Loan commitments of $145 million at December 31, 2011 included $30 million of residential mortgage loans that were expected to be sold in the secondary market. The Corporation locked the interest rate to the customer (mortgage loan commitment) on the $30 million of loans that were expected to be sold in the secondary market and entered into best efforts forward contracts with the secondary market on these mortgage loan commitments at December 31, 2011. Best efforts forward contracts offset the interest rate risk of market interest rates changing between the date the interest rate is locked with the customer and the date the loan is sold in the secondary market. At December 31, 2010, the Corporation had mortgage loan commitments of $50 million included in loan commitments, with best efforts forward contracts on these loans at that date.

The Corporation has operating leases and other non-cancelable contractual obligations on buildings, equipment, computer software and other expenses that will require annual payments through 2021, including renewal option periods for those building leases that the Corporation expects to renew. Minimum payments due in each of the next five years and thereafter are as follows: 2012 - $9.4 million; 2013 - $5.4 million; 2014 - $1.9 million; 2015 - $1.8 million; 2016 - $1.0 million; 2017 and thereafter - $1.3 million. Minimum payments include estimates, where applicable, of estimated usage and annual Consumer Price Index increases of approximately 3%. Total expense recorded under operating leases and other non-cancelable contractual obligations was $10.8 million in 2011, $9.2 million in 2010 and $7.3 million in 2009.

The Corporation and Chemical Bank are subject to certain legal actions arising in the ordinary course of business. In the opinion of management, after consulting with legal counsel, the ultimate disposition of these matters is not expected to have a material adverse effect on the financial position or results of operations of the Corporation.