Bank Holding Company Act Matters. Notwithstanding anything in this Agreement to the contrary, no Member who is directly or indirectly subject to the Bank Holding Company Act of 1956 or the Home Owners’ Loan Act or the implementing regulations of either such act (a “ Banking Entity”), shall be entitled to vote, be polled, or otherwise exercise any similar right set forth in this Agreement or elsewhere. No Banking Entity shall participate in the removal or selection of the Administrator, or any director, general partner, or trustee of the Fund or its Affiliates, nor shall a Banking Entity otherwise exercise, directly or indirectly, any influence or authority over the management or policies of the Fund.
Bank Holding Company Act Matters. None of Parent, Sponsor or their Affiliates is a bank holding company as defined in the BHC Act or, directly or indirectly, owns, controls or has the power to vote any securities of a US Portfolio Bank for purposes of the BHC Act.
Bank Holding Company Act Matters. The Portfolio Companies include Opus Bank, a California state nonmember bank, and AloStar Bank of Commerce, an Alabama state nonmember bank (each, a “US Portfolio Bank”). The Acquired Companies, in the aggregate, are deemed to own less than 15.5% of any class of voting securities of Opus Bank that is issued and outstanding and less than 24.99% of any class of voting securities of AloStar Bank of Commerce that is issued and outstanding for purposes of the Bank Holding Company Act of 1956 (the “BHC Act”). No Acquired Company is a bank holding company as defined in the BHC Act or is deemed to control, as defined in the BHC Act, a US Portfolio Bank. The Acquired Companies are not deemed to own 5% or more of any class of voting securities in any bank (as defined in the BHC Act) other than the voting securities in the US Portfolio Banks.
Bank Holding Company Act Matters. The Subscriber represents and warrants that except as indicated in Part IX of Exhibit A it is not (and is not subscribing for the benefit of) (i) a bank holding company, a savings and loan holding company, a non- U.S. bank subject to the U.S. Bank Holding Company Act of 1956, as amended (the “BHC Act”), pursuant to the U.S. International Banking Act of 1978, as amended, or (ii) an “affiliate” as defined in the BHC Act or Regulation Y promulgated by the Board of Governors of the Federal Reserve System of any such bank holding company, savings and loan holding company or non-U.S. bank.
