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.
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 Borrower shall maintain on a consolidated basis with its Banking Subsidiaries, and shall cause each Banking Subsidiary to maintain on an individual basis:
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. The Office of Thrift Supervision (OTS) sets forth capital standards applicable to all thrifts. Failure to meet minimum capital requirements can initiate certain mandatory and possibly 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 established by regulation to ensure capital adequacy require the Bank to maintain minimum amounts and ratios (set forth in the table below) of tangible and core capital (as defined in the regulations) to adjusted assets (as defined), and of Tier I and total capital (as defined) to risk-weighted assets (as defined). As of December 31, 1996, management believes that the Bank meets all capital adequacy requirements to which it is subject. As of December 31, 1996, 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 tangible, core and risk-based ratios. There are no conditions or events since that notification that management believes have changed the institution's category. The Bank's regulatory capital amounts differ from those presented under GAAP. The following is a reconciliation of GAAP capital to regulatory capital at December 31, 1996 and 1995. Regulatory Capital Core, Tangible and Tier 1 Risk-Based Total Risk-Based --------------------- ---------------- (in thousands) At December 31, 1996 GAAP capital $32,029 $32,029 Deposit premium (631) (631) Investment in subsidiary (145) (145) Unrealized losses on certain available for sale securities 876 876 Equity investment --- (75) Allowance for credit losses --- 2,571 ------- ------- Regulatory capital $32,129 $34,625 ======= ======= At December 31, 1995 GAAP capital $30,103 $30,103 Deposit premium (889) (889) Investment in subsidiary (156) (156) Unrea...
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. No Consent or approval of any Regulatory Authority in connection with the transactions contemplated by this Agreement shall have been conditioned upon or shall require Carolina to issue additional shares of Carolina common stock in an amount in excess of Two Million Dollars ($2,000,000) in connection with the transactions contemplated by the Purchase Documents.
Regulatory Capital Requirements. (a) The Company shall cause each Banking Subsidiary to maintain on an individual basis:
