Compliance with Capital Requirements. You represent that your commitment to purchase the Securities will not result in a violation of the financial responsibility requirements of Rule 15c3-1 under the 1934 Act or of any similar provision of any applicable rules of any securities exchange to which you are subject or, if you are a financial institution subject to regulation by the Board of Governors of the U.S. Federal Reserve System, the U.S. Comptroller of the Currency, or the U.S. Federal Deposit Insurance Corporation, will not place you in violation of any applicable capital requirements or restrictions of such regulator or any other regulator to which you are subject.
Compliance with Capital Requirements. Notwithstanding anything in this Agreement to the contrary, no payments may be made pursuant to Section 8 hereof without the prior approval of the OTS if following such payment the Association would not be in compliance with its fully phased-in capital requirements as defined in OTS regulations.
Compliance with Capital Requirements. Notwithstanding anything in this Agreement to the contrary, no payments may be made by the Bank pursuant to Section 8 hereof without the prior approval of the Regional Deputy Director of the 6 OTS if following such payment the Bank would not be in compliance with its fully phased-in capital requirements as defined in OTS regulations.
