Common use of Pro Forma Capital Requirements Clause in Contracts

Pro Forma Capital Requirements. The Purchaser is and, on a pro forma basis giving effect to the transactions and the financing/capital injection contemplated by the Purchaser, will be (a) at least “adequately capitalized”, as defined for purposes of the Federal Deposit Insurance Act, and (b) in compliance with all capital requirements, standards and ratios required by each state or federal regulator with jurisdiction over the Purchaser, including, without limitation, any such higher requirement, standard or ratio as shall apply to institutions engaging in the acquisition of insured institution deposits, assets or branches, and no such regulator is likely to, or has indicated that it will, condition any of the Government Approvals upon an increase in the Purchaser’s capital or compliance with any capital requirement, standard or ratio.

Appears in 2 contracts

Samples: Branch Purchase and Assumption Agreement (River Valley Bancorp), Branch Purchase and Assumption Agreement (Greene County Bancshares Inc)

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Pro Forma Capital Requirements. The Purchaser is and, on a pro forma basis giving effect to the transactions and the financing/capital injection contemplated by the Purchaser, will be (a) at least "adequately capitalized", as defined for purposes of the Federal Deposit Insurance Act, and (b) in compliance with all capital requirements, standards and ratios required by each state or federal regulator with jurisdiction over the Purchaser, including, without limitation, any such higher requirement, standard or ratio as shall apply to institutions engaging in the acquisition of insured institution deposits, assets or branches, and no such regulator is likely to, or has indicated that it will, condition any of the Government Approvals upon an increase in the Purchaser’s 's capital or compliance with any capital requirement, standard or ratio.

Appears in 2 contracts

Samples: Branch Purchase and Assumption Agreement (Greene County Bancshares Inc), Acquisition Agreement (Hopfed Bancorp Inc)

Pro Forma Capital Requirements. The Purchaser is andBuyer is, and on a pro forma basis giving effect to for the transactions Transactions and the financing/any financing or capital injection contemplated by the PurchaserBuyer, will be (a) at least adequately well capitalized”, ,” as defined for purposes of the Federal Deposit Insurance Act, and (bii) in compliance with all capital requirements, standards and ratios required by each state or federal bank regulator with jurisdiction over the PurchaserBuyer, including, without limitation, any such higher requirement, standard standard, or ratio as shall apply to institutions engaging in the acquisition of insured institution deposits, assets or branches, and no such regulator is likely to, or has indicated that it will, condition any of the Government Approvals regulatory approvals upon an additional increase in the PurchaserBuyer’s capital or compliance with any capital requirement, standard or ratio.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mercantile Bancorp, Inc.)

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Pro Forma Capital Requirements. The Subject to the financing referred to in Section 2.23 hereof, the Purchaser is and, on a pro forma basis giving effect to the transactions and the financing/capital injection contemplated by the Purchaser, will be (a) at least “adequately capitalized”, as defined for purposes of the Federal Deposit Insurance Act, and (b) in compliance with all capital requirements, standards and ratios required by each state or federal regulator with jurisdiction over the Purchaser, including, without limitation, any such higher requirement, standard or ratio as shall apply to institutions engaging in the acquisition of insured institution deposits, assets or branches, and to the Knowledge of the Purchaser, no such regulator is likely to, or has indicated that it will, condition any of the Government Governmental Approvals upon an increase in the Purchaser’s capital or compliance with any capital requirement, standard or ratio.

Appears in 1 contract

Samples: Branch Purchase and Assumption Agreement (First Mid Illinois Bancshares Inc)

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