Common use of CAPITAL PLAN AND HIGHER MINIMUMS Clause in Contracts

CAPITAL PLAN AND HIGHER MINIMUMS. (1) The Bank shall achieve by September 30, 2006 and thereafter maintain the following capital levels (as defined in 12 C.F.R. Part 3): (a) Total risk-based capital at least equal to twelve and one- quarter percent (12.25%) of risk-weighted assets; (b) Tier 1 leverage capital at least equal to eight and one-quarter percent (8.25%) of adjusted total assets.1 (2) The requirement in this Agreement to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes of 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv).

CAPITAL PLAN AND HIGHER MINIMUMS. (1) The Bank shall achieve by September April 30, 2006 2005, and thereafter maintain the following capital levels (as defined in 12 C.F.R. Part 3): (a) Total risk-risk based capital at least equal to twelve and one- quarter eleven percent (12.2511%) of risk-risk- weighted assets; (b) Tier 1 leverage capital at least equal to eight and one-quarter percent (8.258%) of adjusted total assets.1assets. (2) The requirement in this Agreement to meet and maintain a specific capital level means that the Bank may cannot be deemed to be “well capitalized” for purposes of 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv).

CAPITAL PLAN AND HIGHER MINIMUMS. (1) The Bank shall achieve by September 30December 31, 2006 2003, and thereafter maintain maintain, the following capital levels (as defined in 12 C.F.R. Part 33 and 12 C.F.R. Part 6): (a) Total risk-based capital at least equal to twelve and one- quarter percent (12.25%) of risk-weighted assets; (b) Tier 1 leverage capital at least equal to eight and one-quarter seven percent (8.257%) of adjusted total assets.1risk-weighted assets as defined by 12 C.F.R.ss.6.2(d) and (f); (2b) The requirement in this Agreement Tier 1 risk-based capital equal to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes nine percent (9%) of risk weighted assets as defined by 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv)X.X.X.xx.

CAPITAL PLAN AND HIGHER MINIMUMS. (11 ) The Bank shall achieve by September 30December 31, 2006 2003 and thereafter maintain the following capital levels (as defined in 12 C.F.R. Part 3): (a) Total risk-based Tier 1 capital at least equal to twelve and one- quarter ten percent (12.2510%) of risk-weighted assets; (b) Tier 1 leverage capital at least equal to eight seven and one-quarter half percent (8.257.5%) of adjusted total assets.1assets. (22 ) The requirement in this Agreement to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes of 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv).

CAPITAL PLAN AND HIGHER MINIMUMS. (1) The Bank shall achieve by September 30December 31, 2006 2003, and thereafter maintain maintain, the following capital levels (as defined in 12 C.F.R. Part 33 and 12 C.F.R. Part 6): (a) Total risk-based capital at least equal to twelve and one- quarter percent (12.25%) of risk-weighted assets; (b) Tier 1 leverage capital at least equal to eight six and one-quarter percent (8.256.25%) of adjusted total assets.1risk-weighted assets as defined by 12 C.F.R. ss.6.2(d) and (f); (2b) The requirement in this Agreement Tier 1 risk-based capital equal to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes nine percent (9%) of 12 U.S.C. § 1831o and risk weighted assets as defined by 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv)ss.

CAPITAL PLAN AND HIGHER MINIMUMS. (1) The Bank shall achieve by September 30, 2006 and thereafter maintain the following capital levels (as defined in 12 C.F.R. Part 3): (a) Total risk-based Tier 1 capital at least equal to twelve and one- quarter percent (12.2512%) of risk-weighted assets; (b) Tier 1 leverage capital at least equal to eight and one-quarter nine percent (8.259%) of adjusted total assets.1 (2) The requirement in this Agreement to meet and maintain a specific capital level means that the Bank may not be deemed to be “well capitalized” for purposes of 12 U.S.C. § 1831o and 12 C.F.R. Part 6 pursuant to 12 C.F.R. § 6.4(b)(1)(iv).