Common use of Adjustments for Certain Liabilities Clause in Contracts

Adjustments for Certain Liabilities. (i) If the Receiver discovers at any time subsequent to the date of this Agreement that any claim exists against the Failed Bank which is of such a nature that it would have been included in the liabilities assumed under Article II had the existence of such claim or the facts giving rise thereto been known as of the Bank Closing Date, the Receiver may, in its discretion, at any time, require that such claim be assumed by the Assuming Institution in a manner consistent with the intent of this Agreement. The Receiver will make appropriate adjustments to the Pro Forma statement provided by the Receiver to the Assuming Institution pursuant to Section 8.1 as may be necessary.

Adjustments for Certain Liabilities. (i) If the Receiver discovers at any time subsequent to the date of this Agreement that any claim exists against the Failed Bank which that is of such a nature that it would have been included in the liabilities assumed under Article II had the existence of such that claim or the facts giving rise thereto to that claim been known as of the Bank Closing Date, the Receiver may, in its discretion, at any time, require that such claim be assumed by the Assuming Institution in a manner consistent with the intent of this Agreement. The Receiver will make appropriate adjustments to the Pro Forma statement Statement provided by the Receiver to the Assuming Institution pursuant to Section 8.1 as may be necessary.

Adjustments for Certain Liabilities. (i) If the Receiver discovers at any time subsequent to the date of this Agreement that any claim exists against the Failed Bank which that is of such a nature that it would have been included in the liabilities assumed under Article II had the existence of such that claim or the facts giving rise thereto to that claim been known as of the Bank Closing Date, the Receiver may, in its discretion, at any time, require that such claim be assumed by the Assuming Institution in a manner consistent with the intent of this Agreement. The Receiver will make appropriate adjustments to the Pro Forma statement Statement provided by the Receiver to the Assuming Institution pursuant to Section 8.1 8. 1 as may be necessary.