Common use of Payment in the Event Losses Fail to Reach Expected Level Clause in Contracts

Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid is less than negative five per cent [(5%)], then on the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the Single Family Shared-Loss Agreement at any time after the termination of this Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation: A - (B + C + D), where A equals 20% of the Total Intrinsic Loss Estimate; B equals 20% of the Net Loss Amount;

Appears in 3 contracts

Samples: Purchase and Assumption Agreement (Home Federal Bancorp, Inc.), Purchase and Assumption Agreement (Pacwest Bancorp), Purchase and Assumption Agreement (Customers Bancorp, Inc.)

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Payment in the Event Losses Fail to Reach Expected Level. If the asset premium (discount) bid is less than negative five per cent [(5%)], then on the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, or upon the final disposition of all Shared Loss Assets under the this Single Family Shared-Loss Agreement at any time after the termination of this the Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of any positive amount resulting from the following calculation: A - (B + C + D), where A equals 20% of the Total Intrinsic Loss Estimate; B equals 20% of the Net Loss Amount;

Appears in 3 contracts

Samples: Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp), Purchase and Assumption Agreement (State Bank Financial Corp), Purchase and Assumption Agreement (Home Federal Bancorp, Inc.)

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