TLG Program. (i) The Company will promptly send a copy to the Initial Purchasers of any notice sent to the FDIC in connection with the issuance of the Notes. (ii) Except to the extent permitted by Section 370.3(h) of the TLG Program, the Company will not issue FDIC-guaranteed debt in excess of the maximum amount provided by Section 370.3(b) of the TLG Program. (iii) The Company will not use the net proceeds from the issuance of the Notes to prepay any indebtedness that is not FDIC-guaranteed. (iv) The Company has complied, and will comply, in all material respects with the TLG Program, including (1) payment of all required fees and assessments, including those under Section 370.6, (2) providing all required notifications to the FDIC, including those required under Section 370.8, (3) the record-keeping requirements provided by Section 370.9 of the TLG Program and (4) the terms and conditions of the Master Agreement. (v) Neither the Company nor any of its subsidiaries has or will take any action to opt out of the TLG Program, that would cause the FDIC’s guarantee of the Notes to be voided, that would result in the removal of the Company from the TLG Program, or that would be in contravention of the TLG Program.
Appears in 3 contracts
Samples: Written Terms Agreement (Bank of America Corp /De/), Written Terms Agreement (Bank of America Corp /De/), Written Terms Agreement (Bank of America Corp /De/)
TLG Program. (i) The Company will promptly send a copy to the Initial Purchasers of any notice sent to the FDIC in connection with the issuance of the Notes.
(ii) Except to the extent permitted by Section 370.3(h) of the TLG Program, the Company will not issue FDIC-guaranteed debt in excess of the maximum amount provided by Section 370.3(b) of the TLG Program.
(iii) The Company will not use the net proceeds from the issuance of the Notes to prepay any indebtedness that is not FDIC-guaranteed.
(iv) The Company has complied, and will comply, in all material respects with the TLG Program, including (1A) payment of all required fees and assessments, including those under Section 370.6, (2B) providing all required notifications to the FDIC, including those required under Section 370.8, (3C) the record-keeping requirements provided by Section 370.9 of the TLG Program and (4D) the terms and conditions of the Master Agreement.
(v) Neither the Company nor any of its subsidiaries that are “participating entities” has or will take any action to opt out of the TLG Program, that would cause the FDIC’s guarantee of the Notes to be voided, that would result in the removal of the Company from the TLG Program, or that would be in contravention of the TLG Program.
Appears in 2 contracts
Samples: Written Terms Agreement (Bank of America Corp /De/), Written Terms Agreement (Bank of America Corp /De/)