Regulatory Capital Requirements. (a) Each Banking Subsidiary shall at all times be at least "well capitalized" as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991 and any regulations to be issued thereunder, as such statute or regulations may each be amended or supplemented from time to time.
(b) The requirements described in subsection (a) above shall be computed and determined in accordance with the rules and regulations as in effect from time to time established by the rules and regulations as in effect from time to time established by the appropriate governmental authority having jurisdiction over the Company or such Banking Subsidiary. In addition to the provisions set forth above, the Company shall, and shall cause each Banking Subsidiary to, comply with any and all capital guidelines and requirements as in effect from time to time established by the relevant governmental authority or authorities having jurisdiction over the Company or any Banking Subsidiary.
Regulatory Capital Requirements. The Employee hereby agrees that all Options subject to this Agreement, to the extent not exercised, may be canceled at any time by the Company, or the Employee may be required to exercise such Options, to the extent they may be exercised, in accordance with Section 4.9 of the Plan.
Regulatory Capital Requirements. If any existing or future law, ------------------------------- regulation, or guideline or the interpretation thereof by any court or administrative or Governmental Authority charged with the administration thereof, or compliance by the Bank with any request or directive (whether or not having the force of law) of any such authority, imposes, modifies, deems applicable or results in the application of any capital maintenance, capital ratio or similar requirement against loan commitments made by the Bank (or participations therein) or the Bank in anticipation of the effectiveness of any capital maintenance, capital ratio or similar requirement takes reasonable action to enable itself to comply therewith, and the result thereof is to impose upon the Bank or increase any capital requirement applicable as a result of the making or maintenance of the Revolving Credit Commitment or participations therein (which imposition of or increase in capital requirements may be determined by the Bank's reasonable allocation of the aggregate of such capital impositions or increases) then, within fifteen (15) days after demand by the Bank, the Company shall immediately pay to the Bank from time to time as specified by the Bank additional fees which shall be sufficient to compensate the Bank for such impositions of or increase in capital requirements, together with interest on each such amount from fifteen (15) days after the date demanded until payment in full thereof at the Post Default Rate. A certificate setting forth in reasonable detail the computation of the amounts necessary to compensate the Bank as a result of an imposition of or increase in capital requirements submitted by the Bank to the Company shall be conclusive, absent manifest error or bad faith, as to the amount thereof.
Regulatory Capital Requirements. (a) The Company shall maintain on a consolidated basis with its Banking Subsidiaries, and shall cause each Banking Subsidiary to maintain on an individual basis:
(i) a Tier I Leverage Ratio of greater than 5% or such greater amount as may be required to be considered "well capitalized" by applicable regulatory authorities from time to time;
(ii) a Total Risk Based Capital Ratio of greater than 10% or such greater amount as may be required to be considered "well capitalized" by applicable regulatory authorities from time to time; and
(iii) a Tier I Risk Based Capital Ratio of greater than 6% or such greater amount as may be required to be considered "well capitalized" by applicable regulatory authorities from time to time.
(b) Each Banking Subsidiary shall at all times be at least "well capitalized" as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991, as applicable, and any regulations to be issued thereunder, as such statute or regulations may each be amended or supplemented from time to time.
(c) Each such requirement described in clauses (a) and (b) above shall be computed and determined in accordance with the rules and regulations as in effect from time to time established by the rules and regulations as in effect from time to time established by the appropriate governmental authority having jurisdiction over such Banking Subsidiary. In addition to the provisions set forth above, the Company shall, and shall cause each Subsidiary to, comply with any and all capital guidelines and requirements as in effect from time to time established by the relevant governmental authority or authorities having jurisdiction over the Company or any Subsidiary.
Regulatory Capital Requirements. All Warrants issued pursuant to this Warrant Agreement are subject to the requirement that, notwithstanding any other provision of this Warrant Agreement or the Warrant Certificate, the Company’s primary bank regulator shall at any time have the right to require the Warrantholder to exercise or forfeit the Warrant if the Company’s capital falls below minimum capital required as determined by the Company’s primary bank regulator.
Regulatory Capital Requirements. The Bank is subject to various regulatory capital requirements administered by the federal banking agencies. Failure to meet minimum capital requirements can initiate certain mandatory--and possible additional discretionary--actions by regulators that, if undertaken, could have a direct material effect on the Bank's financial statements. Under capital adequacy guidelines and the regulatory framework for prompt corrective action, the Bank must meet specific capital guidelines that involve quantitative measures of the Bank's assets, liabilities and certain off-balance sheet items as calculated under regulatory accounting practices. The Bank's capital amounts and classification are also subject to qualitative judgments by the regulators about components, risk weightings, and other factors. Quantitative measures that have been established by regulation to ensure capital adequacy require the Bank to maintain minimum capital amounts and ratios (set forth in the table below). The Bank's primary regulatory agency, the OTS, requires that the Bank maintain minimum ratios of tangible capital (as defined in the regulations) of 1.5%, core capital (as defined) of 3%, and total risk-based capital (as defined) of 8%. The Bank is also subject to prompt corrective action capital requirement regulations set forth by the Federal Deposit Insurance Corporation ("FDIC"). The FDIC requires the Bank to maintain minimum capital amounts and ratios of weighted assets (as defined), and of Tier 1 capital (as defined) to average assets (as defined). As of December 31, 2001, management believes that the Bank meets all capital adequacy requirements to which it is subject. BLUE RIVER BANCSHARES, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS AS OF DECEMBER 31, 2001 AND FOR THE YEARS ENDED DECEMBER 31, 2001 AND DECEMBER 31, 2000 10. REGULATORY CAPITAL REQUIREMENTS (CONTINUED) As of December 31, 2001, the most recent notification from the OTS categorized the Bank as "well-capitalized" under the regulatory framework for prompt corrective action. To be categorized as "well capitalized", the Bank must maintain minimum total risk based, Tier 1 risk based, and Tier 1 leverage ratios as set forth in the table below: AS OF DECEMBER 31, 2001 ----------------------------------------- ACTUAL CAPITAL REQUIRED CAPITAL ------------------- ------------------- AMOUNT RATIO AMOUNT RATIO ---------- ----- ---------- ----- OTS capital adequacy: Tangible capital ....................................... $6,784,0...
Regulatory Capital Requirements. If any existing or future law or regulation or the interpretation thereof by any court or administrative or governmental authority charged with the administration thereof; or compliance by the Bank with any request or directive (whether or not having the force of law) of any such authority, results in any increases after the date hereof in any capital maintenance, capital ratio or similar requirement against loan commitments made by the Bank and the result thereof is to impose upon the Bank or increase any capital requirement applicable to the Bank as a result of the making or maintenance of the Revolving Credit Loans or the Term Loan available hereunder (which imposition of or increase in capital requirement may be determined by the Bank's reasonable allocation of the aggregate of such capital impositions or increases) then, upon demand by the Bank, Borrower shall immediately pay to the Bank from time to time as specified by the Bank an amount which shall be sufficient to compensate the Bank for such imposition of or increase in capital requirements together with interest on each such amount from the date demanded until payment in full thereof at the Default Rate. A certificate setting forth in reasonable detail the amount necessary to compensate the Bank as a result of an imposition of or increase in capital requirements submitted by the Bank to the Borrower shall be conclusive, absent manifest error or bad faith, as to the amount thereof.
Regulatory Capital Requirements. Banks and bank holding companies are subject to regulatory capital requirements administered by federal banking agencies. Capital adequacy guidelines and, additionally for banks, prompt corrective action regulations, involve quantitative measures of assets, liabilities, and certain off-balance-sheet items calculated under regulatory accounting practices. Capital amounts and classifications are also subject to qualitative judgments by regulators. Failure to meet
Regulatory Capital Requirements. ETC will at all times maintain capital at least equal to two (2) times the then applicable Regulatory Capital Requirement.
Regulatory Capital Requirements. (a) The Company shall cause each Banking Subsidiary to maintain on an individual basis:
(i) a Tier I Leverage Ratio of not less than 5% or such greater amount as may be required to be considered "adequately capitalized" by applicable regulatory authorities from time to time;
(ii) a Total Risk Based Capital Ratio of not less than 10% or such greater amount as may be required to be considered "adequately capitalized" by applicable regulatory authorities from time to time; and
(iii) a Tier I Risk Based Capital Ratio of not less than 6% or such greater amount as may be required to be considered "adequately capitalized" by applicable regulatory authorities from time to time.
