Common use of Payment in the Event Losses Fail to Reach Expected Level Clause in Contracts

Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid expressed in dollars is a five per cent (5%) or more discount to the purchase price of the Assets determined in accordance with Article III, then on the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the Single Family Shared-Loss Agreement at any time after the termination of this Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation:

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (Ameris Bancorp), Purchase and Assumption Agreement (First California Financial Group, Inc.)

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Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid expressed in dollars is a less than negative five per cent (5%) or more discount to the purchase price of the Assets determined in accordance with Article III), then on the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the Single Family Shared-Loss Agreement at any time after the termination of this Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bank of the Ozarks Inc)

Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid expressed in dollars is a less than negative five per cent (5%) or more discount to the purchase price of the Assets determined in accordance with Article III), then on the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the this Single Family Shared-Loss Agreement at any time after the termination of this the Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Renasant Corp)

Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid expressed in dollars is a less than negative five per cent percent (5%) or more discount to the purchase price of the Assets determined in accordance with Article III), then on the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the Single Family Shared-Loss Agreement at any time after the termination of this Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Home Bancshares Inc)

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Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid expressed in dollars is a five per cent (5%) or more discount to the purchase price of the Assets determined in accordance with Article III, then on the date that is 45 days following the last day (such day, the "True-Up Measurement Date") of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the Single Family Shared-Loss Agreement at any time after the termination of this Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Customers Bancorp, Inc.)

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