Capital Ratios. As of December 31, 2010, the Bank’s Tier 1 risk-based capital ratio was not less than 9.6%, its total risk-based capital ratio was not less than 10.9% and its Tier 1 leverage ratio was not less than 7.4%.
Capital Ratios. The Capital Ratio of each Member is set forth opposite its respective name on Schedule 1, attached hereto and hereby made a part of this Agreement. The Capital Ratios set forth on Schedule 1 may be amended from time to time by the unanimous written consent of the Members.
Capital Ratios. As of the end of the most recent quarter prior to the Closing Date, after giving effect to the transactions contemplated by this Agreement, the Series B Stock Purchase Agreement and the Additional Series B Stock Purchase Agreement, and assuming (i) the payment of actual, out-of-pocket expenses incurred in connection with the transactions contemplated by this Agreement, the Series B Stock Purchase Agreement and the Additional Series B Stock Purchase Agreement, and (ii) $5,000,000 of proceeds from the sale of Common Stock pursuant to this Agreement being retained by the Company, the Bank’s Tier 1 risk-based capital ratio shall be not less than 13.00%, its total risk-based capital ratio shall be not less than 14.00%, its Tier 1 leverage ratio shall be not less than 10.50%.
Capital Ratios. The Borrower on a consolidated basis will maintain at all times a Total Risk-based Capital Ratio, a Tier 1 Risk-based Capital Ratio and a Tier 1 Leverage Ratio (determined in accordance with then-current regulations established by any Governmental Authority having supervisory authority over the Borrower or any of its Financial Institution Subsidiaries) at levels that are considered "well-capitalized" as defined by such Governmental Authority. On the date of this Agreement, "well-capitalized" means the maintenance of the following capital ratios:
(i) Total Risk-based Capital Ratio of not less than 10.0%.
(ii) Tier 1 Risk-based Capital Ratio of not less than 6.0%.
(iii) Tier 1 Leverage Ratio of not less than 5.0%. If at any time any such Governmental Authority changes the meaning of "well-capitalized", either by amending such capital ratios or otherwise, such amended meaning, and any amended or new capital ratios, shall automatically be incorporated by reference into this Agreement as the minimum standard on and as of the date that such amended meaning becomes effective by statute, regulation or otherwise.
Capital Ratios. (a) The Bank to fail to maintain a “well capitalized” rating from its primary federal regulator, as that term is defined by rule, regulation, or policy statement of the Bank’s primary federal regulator; or
(b) The Bank to fail to comply at all times with the capital requirements of all applicable state and federal laws and regulatory authorities, including without limitation, minimum primary capital- and total capital-to-total assets ratios and other leverage or risk-based capital ratios.
Capital Ratios. On a pro forma basis as of (i) the last day of the month immediately prior to the month in which the Closing occurs and (ii) the Closing Date (in the case of this clause (ii), using reasonable estimates where actual amounts are not available), (x) the Company and its Subsidiaries, on a consolidated basis and including the proceeds (net of transaction expenses related to the Company's performance of its obligations under this Agreement, the Other Private Placements and the TARP Exchange Agreement) of the purchase of Series C Preferred Shares by Purchaser and the Other Purchasers, shall have a Tier 1 (Core) Capital Ratio equal to or greater than nine percent (9.0%) and a Total Risk-Based Capital Ratio equal to or greater than thirteen percent (13.0%), and (y) assuming the contribution of proceeds by the Company, Xxxxxx Federal Savings Bank shall satisfy the requirements for being “well capitalized” under the relevant regulations.
Capital Ratios. Borrower, on a consolidated basis, and each Bank shall maintain a (i) minimum Tier 1 Capital to Total Assets ratio of seven percent (7%), (ii) minimum Tier I Capital to Risk- Weighted Assets ratio of ten percent (10%), and (iii) minimum Total Capital to Risk-Weighted Assets ratio of ten percent (10%). Unless otherwise defined in this Agreement or under GAAP, the capitalized terms used in this Section 7.02 shall have the meanings assigned to them pursuant to 12 C.F.R. Section 3.1
Capital Ratios. After giving effect to the transactions contemplated by this Agreement, the Bank’s Tier 1 risk-based capital ratio shall not be less than 11.27%, its total risk-based capital ratio shall not be less than 12.5% and its Tier 1 leverage ratio shall not be less than 8.5%.
Capital Ratios. The Borrower on a consolidated basis and each Financial Institution Subsidiary (other than First Commercial) will maintain at all times a Total Risk-based Capital Ratio, a Tier 1 Risk-based Capital Ratio and a Tier 1 Leverage Ratio (determined in accordance with then-current regulations established by any Governmental Authority having supervisory authority over the Borrower or any of its Financial Institution Subsidiaries) at levels that are considered “well-capitalized” as defined by such Governmental Authority. On the date of this Agreement, “well-capitalized” means the maintenance of the following capital ratios:
(i) Total Risk-based Capital Ratio of not less than 10.0%.
(ii) Tier 1 Risk-based Capital Ratio of not less than 6.0%.
(iii) Tier 1 Leverage Ratio of not less than 5.0%. If at any time any such Governmental Authority changes the meaning of “well-capitalized”, either by amending such capital ratios or otherwise, such amended meaning, and any amended or new capital ratios, shall automatically be incorporated by reference into this Agreement as the minimum standard on and as of the date that such amended meaning becomes effective by statute, regulation or otherwise.
Capital Ratios. As of the end of the most recent quarter prior to the Closing Date, after giving effect to the transactions contemplated by this Agreement, and assuming (i) the payment of actual, out-of-pocket expenses incurred in connection with the transactions contemplated by this Agreement, and (ii) $5,000,000 of proceeds from the sale of Common Stock pursuant to this Agreement being retained by the Company, the Bank’s Tier 1 risk-based capital ratio shall be not less than 13.00%, its total risk-based capital ratio shall be not less than 14.00%,its Tier 1 leverage ratio shall be not less than 10.50%.