Common use of Effect of Mergers Clause in Contracts

Effect of Mergers. In the event of a merger of FHLBanks, a sale of the assets and assumption of the liabilities of an FHLBank, a reorganization or other consolidation of two or more FHLBanks (“Merger”), the proposed treatment of, and the pro forma amount of, the Restricted Retained Earnings account of the surviving FHLBank(s) shall be set forth in the publicly available portion of the application to the FHFA regarding such Merger, and provided to the parties of this Agreement that are not involved in such transaction. Notwithstanding the other provisions of this Agreement, in the event of a Merger, the surviving FHLBank’s RREM shall be lowered permanently by all, or a portion of, the amount, prior to the Merger, of the Restricted Retained Earnings of the acquired FHLBank (which was deemed the acquired FHLBank for purposes of GAAP) to the extent, and in the amount, permitted by the FHFA’s approval of a Capital Plan amendment effective upon the consummation of such Merger.

Appears in 14 contracts

Samples: Joint Capital Enhancement Agreement, Joint Capital Enhancement Agreement (Federal Home Loan Bank of Topeka), Joint Capital Enhancement Agreement (Federal Home Loan Bank of Atlanta)

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Effect of Mergers. In the event of a merger of FHLBanks, a sale of the assets and assumption of the liabilities of an FHLBank, a reorganization or other consolidation of two or more FHLBanks (“Merger”), the proposed treatment of, and the pro forma amount of, the Restricted Retained Earnings account of the surviving FHLBank(s) shall be set forth in the publicly available portion of the application to the FHFA regarding such Merger, and provided to the parties of this Agreement that are not involved in such transaction. Notwithstanding the other provisions of this Agreement, in the event of a Merger, the surviving FHLBank’s 's RREM shall be lowered permanently by all, or a portion of, the amount, prior to the Merger, of the Restricted Retained Earnings of the acquired FHLBank (which was deemed the acquired FHLBank for purposes of GAAP) to the extent, and in the amount, permitted by the FHFA’s 's approval of a Capital Plan amendment effective upon the consummation of such Merger.

Appears in 7 contracts

Samples: Joint Capital Enhancement Agreement (Federal Home Loan Bank of Seattle), Joint Capital Enhancement Agreement (Federal Home Loan Bank of Indianapolis), Joint Capital Enhancement Agreement (Federal Home Loan Bank of Boston)

Effect of Mergers. In the event of a merger of FHLBanks, a sale of the assets and assumption of the liabilities of an FHLBank, a reorganization or other consolidation of two or more FHLBanks ("Merger"), the proposed treatment of, and the pro forma amount of, the Restricted Retained Earnings account of the surviving FHLBank(s) shall be set forth in the publicly available portion of the application to the FHFA regarding such Merger, and provided to the parties of this Agreement that are not involved in such transaction. Notwithstanding the other provisions of this Agreement, in the event of a Merger, the surviving FHLBank’s 's RREM shall be lowered permanently by all, or a portion of, the amount, prior to the Merger, of the Restricted Retained Earnings of the acquired FHLBank (which was deemed the acquired FHLBank for purposes of GAAP) to the extent, and in the amount, permitted by the FHFA’s 's approval of a Capital Plan amendment effective upon the consummation of such Merger.. Final 8

Appears in 1 contract

Samples: Joint Capital Enhancement Agreement (Federal Home Loan Bank of San Francisco)

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Effect of Mergers. In the event of a merger of FHLBanks, a sale of the assets and assumption of the liabilities of an FHLBank, a reorganization or other consolidation of two or more FHLBanks ("Merger"), the proposed treatment of, and the pro forma amount of, the Restricted Retained Earnings account of the surviving FHLBank(s) shall be set forth in the publicly available portion of the application to the FHFA regarding such Merger, and provided to the parties of this Agreement that are not involved in such transaction. Notwithstanding the other provisions of this Agreement, in the event of a Merger, the surviving FHLBank’s 's RREM shall be lowered permanently by all, or a portion of, the amount, prior to the Merger, of the Restricted Retained Earnings of the acquired FHLBank (which was deemed the acquired FHLBank for purposes of GAAP) to the extent, and in the amount, permitted by the FHFA’s 's approval of a Capital Plan amendment effective upon the consummation of such Merger.

Appears in 1 contract

Samples: Joint Capital Enhancement Agreement (Federal Home Loan Bank of San Francisco)

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