Common use of Puts Within and at 30 Days After Bank Closing Clause in Contracts

Puts Within and at 30 Days After Bank Closing. During the thirty (30)-day period following Bank Closing and only during such period (which thirty (30)-day period may be extended in writing in the sole absolute discretion of the Receiver) in accordance with this Section 3.4, the Assuming Institution shall be entitled to require the Receiver to purchase any New Loan that was transferred to the Assuming Institution pursuant to Section 3.1, and require the Receiver to purchase any Deposit Secured Loan transferred to the Assuming Institution pursuant to Section 3.1 which is not fully secured by Assumed Deposits or deposits at other insured depository institutions due to either insufficient Assumed Deposit or deposit collateral or deficient documentation regarding such collateral; provided with regard to any Deposit Secured Loan secured by an Assumed Deposit, no such purchase may be required until any Deposit setoff determination, whether voluntary or involuntary, has been made; and, at the end of the thirty (30)-day period following Bank Closing and at that time only, in accordance with this Section 3.4, the Assuming Institution shall be entitled to require the Receiver to purchase any remaining overdraft transferred to the Assuming Institution pursuant to

Appears in 20 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement Whole Bank, Purchase and Assumption Agreement

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Puts Within and at 30 Days After Bank Closing. During the thirty (30)-day period following Bank Closing and only during such period (which thirty (30)-day period may be extended in writing in the sole absolute discretion of the Receiver) in accordance with this Section 3.4, the Assuming Institution shall be entitled to require the Receiver to purchase any New Loan that was transferred to the Assuming Institution pursuant to Section 3.1, and require the Receiver to purchase any Deposit Secured Loan transferred to the Assuming Institution pursuant to Section 3.1 which is not fully secured by Assumed Deposits or deposits at other insured depository institutions due to either insufficient Assumed Deposit or deposit collateral or deficient documentation regarding such collateral; provided with regard to any Deposit Secured Loan secured by an Assumed Deposit, no such purchase may be required until any Deposit setoff determination, whether voluntary or involuntary, has been made; and, at the end of the thirty (30)-day period following Bank Closing and at that time only, in accordance with this Section 3.4, the Assuming Institution shall be entitled to require the Receiver to purchase any remaining overdraft transferred to the Assuming Institution pursuant toto 3.1 which both was made after the Bid Valuation Date and was not made pursuant to an overdraft protection plan or similar extension of credit. Notwithstanding the foregoing, the Assuming Institution shall not have the right to require the Receiver to purchase any Loan if (i) the Obligor with respect to such Loan is an Acquired Subsidiary, or (ii) the Assuming Institution has:

Appears in 7 contracts

Samples: Purchase and Assumption Agreement (Southern Missouri Bancorp Inc), Purchase and Assumption Agreement (Heritage Financial Corp /Wa/), Purchase and Assumption Agreement (Westamerica Bancorporation)

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