Regulatory Capital Levels Clause Samples
Regulatory Capital Levels. At the Closing Date, taking into account the proceeds of the capital raise contemplated by this Agreement, the Company and the Bank will each have a leverage ratio of not less than 10.0% and a total risk-based capital ratio of not less than 12.0%.
Regulatory Capital Levels. (a) As of March 31, 2014, the Bank meets or exceeds the standards necessary to be considered “well capitalized” under the Federal Deposit Insurance Company’s regulatory framework for prompt corrective action.
(b) Following the purchase and sale of the Shares contemplated hereby, taking into account the proceeds thereof and assuming the net proceeds thereof are contributed by Company to the Bank in accordance with Section 4.7, the Company and Bank will each have a leverage ratio of not less than 8.0% and a total risk-based capital ratio of not less than 10.0%, calculated in accordance with the Federal Deposit Insurance Company’s regulatory framework for prompt corrective action.
Regulatory Capital Levels. At the Closing Date, taking into account the proceeds of the capital raise contemplated as part of this Transaction and assuming, (i) (with respect to the Company only) the conversion of the Preferred Shares and (ii) the net proceeds this capital raise are contributed by Company to Heritage Oaks Bank in accordance with Section 4.10, the Company and Heritage Oaks Bank will each have a leverage ratio of not less than 10.0% and a total risk-based capital ratio of not less than 12.0%.
