Common use of CAPITAL PLANNING Clause in Contracts

CAPITAL PLANNING. (1) Within ninety (90) days of the date of this Agreement, the Board shall develop, implement, and thereafter ensure Bank adherence to a three-year capital program. The program shall include: (a) specific plans for the maintenance of adequate capital pursuant to the requirements under Part 3 and to remain well-capitalized pursuant to Part 6; (b) projections for growth and capital requirements based upon a detailed analysis of the Bank’s assets, liabilities, earnings, fixed assets, and off- balance sheet activities; (c) projections of the sources and timing of additional capital to meet the Bank’s current and future needs; (d) the primary source(s) from which the Bank will strengthen its capital structure to meet the Bank’s needs: (e) contingency plans that identify alternative methods should the primary source(s) under (d) above not be available; and (f) a dividend policy that permits the declaration of a dividend only: (i) when the Bank is in compliance with its approved capital program; (ii) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and with the prior written determination of no supervisory objection by the Assistant Deputy Comptroller. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the dividend policy. (2) Upon completion, the Bank’s capital program shall be submitted to the Assistant Deputy Comptroller for prior determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the capital program. The Board shall review and update the Bank’s capital program on an annual basis or more frequently if necessary. Copies of the reviews and updates shall be submitted to the Assistant Deputy Comptroller.

CAPITAL PLANNING. (1) Within ninety (90) days of the date of this AgreementBy September 30, 2009, the Board shall develop, implementreview and revise, and thereafter ensure Bank adherence to to, a three-year capital program. The program shall include: (a) specific plans for the maintenance of adequate capital pursuant to the requirements under Part 3 and to remain well-capitalized pursuant to Part 6; (b) projections for growth and capital requirements based upon a detailed analysis of the Bank’s assets, liabilities, earnings, fixed assets, and off- off-balance sheet activities; (c) projections of the sources and timing of additional capital to meet the Bank’s current and future needs; (d) the primary source(s) from which the Bank will strengthen its it capital structure to meet the Bank’s needs: (e) contingency plans that identify alternative methods should the primary source(s) under (d) above not be available; and (f) a dividend policy that permits the declaration of a dividend only: (i) when the Bank is in compliance with its approved capital program; (ii) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and and (iii) with the prior written determination of no supervisory objection by the Assistant Deputy Comptroller. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the dividend policy. (2) Upon completion, the Bank’s capital program shall be submitted to the Assistant Deputy Comptroller for prior determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the capital program. The Board shall review and update the Bank’s capital program on an annual basis or more frequently if necessary. Copies of the reviews and updates shall be submitted to the Assistant Deputy Comptroller. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the plan developed pursuant to this Article.

CAPITAL PLANNING. (1) Within ninety (90) days of from the effective date of this Agreement, the Board shall develop, implement, and thereafter ensure Bank adherence to a three-three year capital program. The program shall include: (a) specific plans for the maintenance of adequate capital pursuant to commensurate with the requirements under Part 3 and to remain well-capitalized pursuant to Part 6Bank’s risk profile; (b) projections for growth and capital requirements based upon a detailed analysis of the Bank’s 's assets, liabilities, earnings, fixed assets, and off- balance sheet activities; (c) projections of the sources and timing of additional capital to meet the Bank’s 's current and future needs; (d) the primary source(s) from which the Bank will strengthen its capital structure to meet the Bank’s 's needs:; (e) contingency plans that identify alternative methods should the primary source(s) under (d) above not be available; and (f) a dividend policy that permits the declaration of a dividend only: (i) when the Bank is in compliance with its approved capital program; (ii) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and and (iii) with the prior written determination of no supervisory objection by the Assistant Deputy Comptroller. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the dividend policy. (2) Upon completion, the Bank’s 's capital program plan shall be submitted to the Assistant Deputy Comptroller for prior determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the capital programplan. The Board shall review and update the Bank’s 's capital program on an annual basis or more frequently if plan as necessary. Copies of the reviews and updates shall be submitted to the Assistant Deputy Comptroller. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to this Article.

CAPITAL PLANNING. (1) Within ninety (90) days of from the effective date of this Agreement, the Board shall develop, implement, and thereafter ensure Bank adherence to a three-three year capital program. The program shall include: (a) specific plans for the maintenance of adequate capital pursuant to commensurate with the requirements under Part 3 and to remain well-capitalized pursuant to Part 6Bank’s risk profile; (b) projections for growth and capital requirements based upon a detailed analysis of the Bank’s 's assets, liabilities, earnings, fixed assets, and off- off-balance sheet activities; (c) projections of the sources and timing of additional capital to meet the Bank’s 's current and future needs; (d) the primary source(s) from which the Bank will strengthen its capital structure to meet the Bank’s 's needs:; (e) contingency plans that identify alternative methods should the primary source(s) under (d) above not be available; and (f) a dividend policy that permits the declaration of a dividend only: (i) when the Bank is in compliance with its approved capital program; (ii) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and and (iii) with the prior written determination of no supervisory objection by the Assistant Deputy Comptroller. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the dividend policy. (2) Upon completion, the Bank’s 's capital program plan shall be submitted to the Assistant Deputy Comptroller for prior determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the capital programplan. The Board shall review and update the Bank’s 's capital program on an annual basis or more frequently if plan as necessary. Copies of the reviews and updates shall be submitted to the Assistant Deputy Comptroller. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to this Article.

CAPITAL PLANNING. (1) Within ninety (9060) days of the date of this Agreementsixty days, the Board shall developreview, implementrevise, and thereafter ensure Bank adherence to compliance with a three-year capital program, which shall span a three year period. The program shall include: (a) specific plans for the maintenance of adequate capital pursuant to commensurate with the requirements under Part 3 and to remain well-capitalized pursuant to Part 6Bank’s risk profile; (b) projections for growth and capital requirements based upon a detailed analysis of the Bank’s 's assets, liabilities, earnings, fixed assets, and off- balance sheet activities; (c) projections of the sources and timing of additional capital to meet the Bank’s 's current and future needs; (d) the primary source(s) from which the Bank will strengthen its capital structure to meet the Bank’s 's needs:; (e) contingency plans that identify alternative methods should the primary source(s) under (d) above not be available; and (f) a dividend policy that permits the declaration of a dividend only: (i) when the Bank is in compliance with its approved capital program; (ii) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and and (iii) with the prior written determination of no supervisory objection by the Assistant Deputy Comptroller. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the dividend policy. (2) Upon completionrevision, the Bank’s 's capital program shall be submitted to the Assistant Deputy Comptroller within ten (10) days for a prior determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the capital program. The Board shall review and update the Bank’s 's capital program on an annual basis basis, or more frequently if necessary. Copies of the reviews and updates shall be submitted to the Assistant Deputy Comptroller. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CAPITAL PLANNING. (1) Within ninety sixty (9060) days of the date of this Agreementdays, the Board shall developreview, implementrevise, and thereafter ensure Bank adherence to a three-three year capital program. The program shall include: (a) specific plans for the maintenance of adequate capital pursuant to commensurate with the requirements under Part 3 and to remain well-capitalized pursuant to Part 6Bank’s risk profile; (b) projections for growth and capital requirements based upon a detailed analysis of the Bank’s 's assets, liabilities, earnings, fixed assets, and off- balance sheet activities; (c) projections of the sources and timing of additional capital to meet the Bank’s 's current and future needs; (d) the primary source(s) from which the Bank will strengthen its capital structure to meet the Bank’s 's needs:; (e) contingency plans that identify alternative methods should the primary source(s) under (d) above not be available; and (f) a dividend policy that permits the declaration of a dividend only: (i) when the Bank is in compliance with its approved capital program; (ii) when the Bank is in compliance with 12 U.S.C. §§ 56 and 60; and and (iii) with the prior written determination of no supervisory objection by the Assistant Deputy Comptroller. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the dividend policy. (2) Upon completion, the Bank’s 's capital program plan shall be submitted to the Assistant Deputy Comptroller for prior determination of no supervisory objection. Upon receiving a determination of no supervisory objection from the Assistant Deputy Comptroller, the Bank shall implement and adhere to the capital programplan. The Board shall review and update the Bank’s 's capital program on an annual basis or more frequently if plan as necessary. Copies of the reviews and updates shall be submitted to the Assistant Deputy Comptroller. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to this Article.