Well Capitalized. As of the Effective Date and during the term of this Agreement, Bank is designated “Well Capitalized” under the Prompt Corrective Action provisions of the Federal Deposit Insurance Act and all regulations and guidelines with respect thereto.
Well Capitalized. As of June 30, 2010, each Bank met or exceeded the standards necessary to be considered “well capitalized” under the FDIC’s regulatory framework for prompt corrective action.
Well Capitalized. Each Subsidiary Bank shall at all times be at least "well capitalized" as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991 and any regulations issued thereunder, as such statute or regulation may be amended or supplemented from time to time.
Well Capitalized. Permit the Borrower or any Subsidiary to be considered not “well-capitalized” (as defined and determined by the appropriate Bank Regulatory Authority or other Governmental Authority on the date of determination).
Well Capitalized. Immediately following consummation of the Private Placement, the Bank will be “well capitalized” under applicable Federal Reserve and FDIC regulations for prompt corrective action.
Well Capitalized. Horizon Bank is “well capitalized” (as that term is defined in 12 C.F.R. Section 6.4(c)(1)). Horizon Bank has not been informed that its status as “well capitalized” will change and has no basis for believing that its status will change due to this Merger.
Well Capitalized. The Borrower will (i) (A) maintain a “well capitalized” status as of the last day of each Fiscal Quarter and (B) will not, to the best of Borrower’s knowledge, at any other time fail to maintain a “well-capitalized” or “adequately capitalized” status and (ii) cause each Subsidiary Bank to (A) maintain a “well capitalized” status as of the last day of each Fiscal Quarter and (B) not, to the best of Borrower’s knowledge, at any other time fail to maintain a “well capitalized” status, in each case for purposes of the Federal Deposit Insurance Corporation Improvement Act of 1991 and any regulations issued thereunder (including 12 C.F.R. §565.4), as amended or supplemented from time to time.
Well Capitalized. Borrower shall, and shall cause Bank to, maintain a “well-capitalized” rating (as defined and determined by the appropriate Bank Regulatory Authority or other Governmental Authority on the date of determination).
Well Capitalized. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if either of the Company or the Bank are not “well capitalized” for regulatory capital purposes, both immediately prior to the declaration of such dividend or distribution and after giving effect to the payment of such dividend or distribution, other than: (i) any dividends or distributions in shares of, or options, warrants or rights to subscribe for or purchase shares of, any class of Company’s common stock; (ii) any declaration of a dividend in connection with the implementation of a shareholders’ rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto; (iii) as a result of a reclassification of Company’s capital stock or the exchange or conversion of one class or series of Company’s capital stock for another class or series of Company’s capital stock; (iv) the purchase of fractional interests in shares of Company’s capital stock in accordance with the conversion or exchange provisions of such capital stock or the security being converted or exchanged; or (v) purchases of any class of Company’s common stock related to the issuance of common stock or rights under any benefit plans for Company’s directors, officers or employees or any of Company’s dividend reinvestment plans.
Well Capitalized. The Company shall not declare or pay any dividend, or make any distribution on capital stock or other equity securities of any kind of the Company, except for dividends payable solely in shares of common stock, if either of the Company or any insured depository Subsidiary are not “Well Capitalized” pursuant to then-applicable regulatory capital standards, both immediately prior to the declaration of such dividend or distribution and after giving effect to the payment of such dividend or distribution, and subject to receipt of any required regulatory approval.
