The capitalized terms used in this Business Loss Agreement and not defined in this Business Loss Agreement are set forth in the Purchase and Acquisition Agreement In addition to the terms set forth above, certain additional terms are set forth below with respect to loss sharing as used in this Business Loss Agreement. It could be that some banks still in the loss-sharing program overestimated the value of loans when they were acquired by failing institutions, Ryan said. This Agreement on the Repayment of Loss-Sharing Costs for Certain Loans and Other Assets (the “Loss-Sharing Business Agreement”) applies when the acquiring institution acquires shared loss assets as defined in this definition. The terms of this agreement amend and supplement, as necessary, the terms of the purchase and acquisition agreement to which this shared loss business agreement is attached and incorporated as Exhibit 4.15B. To the extent that there may be a discrepancy between the terms of the purchase and takeover agreement and this business loss agreement with respect to the subject matter of such business loss agreement, the terms of such business loss agreement shall prevail. References in this shared loss business agreement to a specific section refer to a section of this shared loss business agreement, unless the context indicates that a section of the purchase and acquisition agreement is provided. (iv) With the exception of portfolio sales, sale or other sale of other real estate, ORE or additional subsidiaries to a person other than an affiliate of the acquiring institution, which is made in an economically reasonable and prudent manner, or other sales or assignments to which the insolvency administrator has consented, losses incurred in connection with the sale or other disposal of the shared loss assets or securities of a person`s shared loss is incurred, not debits. In addition to the notice provisions of Article 13.7 of the Purchase and Takeover Agreement, any notice, application, application, consent, approval or other communication (a “Notice”) given to the Company and/or the Insolvency Administrator in connection with the loss sharing will be as follows: PlainsCapital has acquired both non-residential real estate loans for which loss split expires in September 2018 and mortgages residential, which will lose their loss coverage in September 2023. As of June 30, PlainsCapital had $181 million in residential mortgages covered in addition to $142 million in non-residential loans covered, according to its appeal report. RBC held the largest portfolio of non-residential loans it inherited from its acquisition of City National Bank in Los Angeles in November, at $285 million as of June 30. City National bought deposits and assets from four failed banks from 2009 to 2011, including $3.2 billion in assets covered by loss-sharing agreements, according to FDIC`s transaction press releases. The largest loss-sharing loan portfolios consist of residential mortgages.

CIT Bank`s loan and other assets balance of $4.8 billion is the largest, followed by U.S. Bank`s $3.3 billion portfolio. 2.4 Withholding taxes. Notwithstanding any other provision of this Section II, the receiver may, at the request of the administrator (or agent) of the Resolutions and Receivership Division of the Corporation,153 withhold payment of the amounts contained in a quarterly certificate issued in accordance with section 2.1 if, in its sole discretion, there is a reasonable basis within the meaning of this Shared Business Agreement to deny eligibility for an item: for which a refund or payment under such an item is requested. Section. In this case, the insolvency practitioner shall send the acquiring institution a written notice stating the reasons for withholding the payment. At the time when the accepting institution proves, to the satisfaction of the recipient, that the reasons for this withholding payment or part of the payment no longer exist or have been corrected, the beneficiary institution shall pay to the beneficiary institution the amount withheld that the insolvency administrator declares solvent within fifteen (15) working days. An early exit can provide some financial benefits when the loans have started to work again.

“New Loans for Shared Losses” means loans that would otherwise be subject to loss-sharing under this Loss-Sharing Business Agreement and that were issued after January 15, 2010 and prior to the Bank`s closing. – 1: A summary report of the total covered losses for the quarter and the derivation of the FDIC portion of the covered loss “Cumulative Service Amount” means the sum of the service amounts for the period for each consecutive twelve-month period preceding and ending on the adjustment valuation date in relation to each of the loss-sharing agreements in which the loss-sharing provisions of the loss agreement Applicable shared are in effect. “There could be situations where banks have not properly assessed their loss sharing,” he said. “They may not want to stop loss sharing because they would have to charge high fees that they would have to explain to the market. That would be embarrassing. » – A quarterly list of assets with covered losses (c) Limit the payment of shared losses. . . .