Servicer Participation Agreement Uses in Capital Covenant Clause

Capital Covenant from Exchange Agreement

WHEREAS, the United States Department of the Treasury (the "Investor") has purchased shares of preferred stock or has acquired shares of preferred stock through the exercise of warrants or the exchange of other securities (collectively, the "CPP Preferred Stock") from eligible financial institutions which elected to participate in the Troubled Asset Relief Program Capital Purchase Program ("CPP");

Capital Covenant. From the Signing Date until the date on which all of the CDCI Preferred Shares have been redeemed in whole, the Company and the Company Subsidiaries shall maintain such capital as may be necessary to meet the minimum capital requirements of the Appropriate Federal Banking Agency, as in effect from time to time. UST Sequence No. 1207 --

Capital Covenant from Exchange Agreement

WHEREAS, the United States Department of the Treasury (the Investor) has purchased shares of preferred stock or has acquired shares of preferred stock through the exercise of warrants or the exchange of other securities (collectively, the CPP Preferred Stock) from eligible financial institutions which elected to participate in the Troubled Asset Relief Program Capital Purchase Program (CPP);

Capital Covenant. From the Signing Date until the date on which all of the CDCI Preferred Shares have been redeemed in whole, the Company and the Company Subsidiaries shall maintain such capital as may be necessary to meet the minimum capital requirements of the Appropriate Federal Banking Agency, as in effect from time to time.

Capital Covenant

WHEREAS, the United States Department of the Treasury (the "Investor") has purchased shares of preferred stock or has acquired shares of preferred stock through the exercise of warrants or the exchange of other securities (collectively, the "CPP Preferred Stock") from eligible financial institutions which elected to participate in the Troubled Asset Relief Program Capital Purchase Program ("CPP");

Capital Covenant. From the Signing Date until the date on which all of the CDCI Preferred Shares have been redeemed in whole, the Company and the Company Subsidiaries shall maintain such capital as may be necessary to meet the minimum capital requirements of the Appropriate Federal Banking Agency, as in effect from time to time.

Capital Covenant

WHEREAS, the United States Department of the Treasury (the "Investor") has purchased shares of preferred stock or has acquired shares of preferred stock through the exercise of warrants or the exchange of other securities (collectively, the "CPP Preferred Stock") from eligible financial institutions which elected to participate in the Troubled Asset Relief Program Capital Purchase Program ("CPP");

Capital Covenant. From the Signing Date until the date on which all of the CDCI Preferred Shares have been redeemed in whole, the Company and the Company Subsidiaries shall maintain such capital as may be necessary to meet the minimum capital requirements of the Appropriate Federal Banking Agency, as in effect from time to time.

Capital Covenant from Exchange Agreement

WHEREAS, the United States Department of the Treasury (the Investor) has purchased shares of preferred stock or has acquired shares of preferred stock through the exercise of warrants or the exchange of other securities (collectively, the CPP Preferred Stock) from eligible financial institutions which elected to participate in the Troubled Asset Relief Program Capital Purchase Program (CPP);

Capital Covenant. From the Signing Date until the date on which all of the CDCI Preferred Shares have been redeemed in whole, the Company and the Company Subsidiaries shall maintain such capital as may be necessary to meet the minimum capital requirements of the Appropriate Federal Banking Agency, as in effect from time to time.