– 2: A summary report on commercial and other portfolios and on covered losses and recoveries “period service amount” means, for a period of twelve months in respect of each of the loss-sharing agreements in which the loss allocation provisions of the applicable joint loss accounting agreement are in force, the proceeds of (i) the simple average of the nominal amount of the loans on shared losses, and the assets with shared losses (excluding partial loss securities) (each as defined in the shared loss agreement). Agreements), as the case may be, at the beginning of this period and at the end of this period (ii) one per cent (1%). (iii) Neither party to this Economic Share Sharing Agreement may submit disputes to an audit committee unless that party has provided the other party with written notice of the dispute (“Dispute Notice”). During the period of forty-five (45) days following the submission of notice of the Dispute, the Parties to the Dispute will make every effort in good faith to resolve the Dispute amicably. As part of these bona fide efforts, the parties should consider using less formal dispute resolution techniques that are deemed appropriate by each party in its sole discretion. These techniques may include, but are not limited to, mediation, comparative conferencing and early neutral assessment. If the parties (c) limit the payment of shared losses. If the insolvency practitioner does not make payments relating to a debit of an asset with shared losses in accordance with this Section 2.1 or finds that a payment has not been made correctly, the acquiring institution and the insolvency administrator shall, after the final decision, make the accounting adjustments and payments necessary to make those corrections retroactively effective. Failure to manage assets or assets involving shared losses or partial loss guarantees in accordance with Article III shall, at the discretion of the insolvency practitioner, constitute a ground for loss of shared coverage in respect of such loans or credits with shared losses. “New Loans for Shared Losses” means loans that would otherwise be subject to loss sharing under this Loss Sharing Trade Agreement and that are subject to the 15th anniversary of the Loss Agreement. January 2010 and before the bank`s financial statements. 4.2 Calculation of sales result. For shared loss assets, the gain or loss on sales referred to in section 4.1 is calculated as the aggregate selling price received by the imputed institution, less the aggregate book value of the remaining shared loss assets.
Without limiting the generality of the foregoing, each of the lenders hereby authorizes and directs the managing agent and/or guarantee agent to bind each lender to the actions required by that lender under the terms of the lender`s loss sharing agreement and any intercredit agreement, including the intercredit agreement. (xi) The Parties may, by mutual agreement, extend any period referred to in this Section 2.1 (f). Notwithstanding anything to the contrary, no dispute may be submitted to a review committee until each member of the audit committee and, where applicable, each alternate member has agreed to be bound by the provisions of this section 2.1(f) that apply to members of an audit committee. Before the start of the examination committee procedure or, in the case of an alternate neutral member, before the resumption of that procedure after such replacement, the neutral member shall take a written oath of impartiality. In addition to the notice provisions contained in Section 13.7 of the Purchase and Acquisition Agreement, any notice, request, request, consent, approval or other communication (a “Notice”) given to the Company and/or the Insolvency Administrator under the Loss Sharing Agreement shall be as follows: Capitalized terms used in this Shared Loss Business Agreement and not defined in this Shared Loss Business Agreement. are defined in the purchase and acceptance contract in addition to the terms. Certain additional loss-sharing terms are defined below as used in this Loss Sharing Agreement. “Estimate of Intrinsic Losses” means the total losses under the shared loss agreements of one billion five hundred thousand dollars and excluding cents ($1,500,000,000.00). – A quarterly list of assets with covered losses – 1: A summary report of the total covered losses for the quarter and the derivation of the FDIC portion of the covered loss (d) Subject to section 3.7, the receiving institution may not enter into contracts with third parties to provide services the cost of which would be reimbursable costs or recovery costs if the receiving institution itself provides these services if the relevant loss-sharing assets are not subject to the loss-sharing provisions of Section 2.1 of this Business Loss Sharing Agreement. (iv) with the exception of portfolio sales, sale or any other disposal of other immovable property, additional ORE or ORE subsidiaries to a person other than an affiliate of the acquiring institution, which is carried out in an economically reasonable and prudent manner, or other sales or disposals to which the insolvency administrator has consented, constitute losses incurred in the sale or other disposal of shared assets Partial loss guarantees for a person occur, not depreciation. `OTTI adjustment` means any impairment other than the temporary impairment of shared-loss securities determined in accordance with FAS 115, expressed in a positive figure, or cancellations other than temporary impairments expressed in a negative figure (for the avoidance of doubt, normal and generally unrealised changes in the measurement at market value due to the application of fair value accounting shall not give entitlement to the sharing payments of the losses). 2.4 Withholding tax.
Notwithstanding any other provision of this Section II, the receiver may, at the request of the administrator (or agent) of the Resolutions and Receivership Division of Corporation153s, withhold payment of all amounts contained in a quarterly certificate issued in accordance with section 2.1 if, in the opinion of the receiver, there is a reasonable basis under this shared business agreement to deny eligibility for any section: for which a refund or payment is requested under such an article. Section. In this case, the receiver must send the beneficiary institution a written notification stating the reasons for the withholding of this payment. At the time when the accepting institution proves, to the satisfaction of the receiver, that the reasons for such withholding of payment or part of the payment no longer exist or have been corrected, the insolvency administrator shall, within fifteen (15) working days, pay to the acquiring institution the amount withheld that the insolvency administrator considers solvent. To the extent that the Insolvency Administrator requires funds for the payment of shares in connection with this Loss Shared Business Agreement, it shall request funds under the Master Loan and Guarantee Agreement, as amended from time to time (“MLSA”), from the FDIC as a company. The insolvency administrator will not accept any amendment to the MLSA that would prevent the insolvency administrator from relying on the LSML to fund pro-rated loss payments. This Agreement on the Repayment of Loss-Sharing Costs for Certain Loans and Other Assets (the “Business Loss Sharing Agreement”) applies where the acquiring institution acquires assets with shared losses within the meaning of this term. The terms of this Agreement shall amend and supplement, as necessary, the terms of the purchase and acquisition agreement to which this Business Loss Agreement is appended and incorporated as Exhibit 4.15B. To the extent that there may be inconsistencies between the terms of the Purchase and Acceptance Agreement and this Business Loss Sharing Agreement with respect to the subject matter of this Business Loss Sharing Agreement, the terms of this Joint Economic Loss Sharing Agreement shall prevail. .