Page:Emergency Economic Stabilization Act of 2008.djvu/82

 0:k4Y0k4Y008 C04.xaxfi 82 1 "(ii) if a cease-and-desist order is 2 issued against such person, until the effee- 3 rive date of such order. 4 "(C) CIVIL MONEY PENALTIES.--AIIy viO- 5 lation of section 18(a)(4) shall be subject to 6 civil money penalties, as set forth in subsection 7 (i), except that for any person other than an in- 8 sured depositmy institution or an institution-af- 9 filiated party that is found to have violated this 10 paragraph, the Corporation or other appro- 11 priate Federal banking agency shall not be re- 12 quired to demonstrate any loss to an insured 13 depositmy institution.". 14 (c) UNENFORCEABILITY OF CERTAIN AlEE- 15 MENTS.--Section 13(c) of' the Federal Deposit Insurance 16 Act (12 U.S.C. 1823(c)) is amended by adding at the end 17 the following new paragraph: 18 "(11) UNENFORCEABILITY OF CERTAIN AGREE- 19 MENTS.--No provision contained in any existing or 20 fhture standstill, confidentiality, or other agreement 21 that, directly or indirectly-- 22 "(A) affects, restricts, or limits the ability 23 of any person to offer to acquire or acquire, 24 "(B) prohibits any person from offering to 25 acquire or acquiring, or

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