Page:United States Statutes at Large Volume 103 Part 1.djvu/226

 103 STAT. 198 PUBLIC LAW 101-73—AUG. 9, 1989 ill Resolution Trust Corporation concurs in the Corpora- tion's determination; or "(iii) the conversion occurs in connection with the acquisition of a Bank Insurance Fund member in de- t'• fault or in danger of default and the Corporation deter- mines that the estimated financial benefits to the Bank -- Insurance Fund equal or exceed the Corporation's esti- mate of the loss of assessment income to the insurance fund over the remaining balance of the 5-year period referred to in subparagraph (A). " (D) CERTAIN TRANSFERS DEEMED TO AFFECT INSUBSTAN- TIAL PORTION OF TOTAL DEPOSITS. —For purposes of subpara- graph (C)(i), any conversion transaction shall be deemed to affect an insubstantial portion of the total deposits of an insured depository institution, to the extent the aggregate amount of the total deposits transferred in such transaction and in all conversion transactions occurring after the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 does not exceed 35 percent of the lesser of— "(i) the amount which is equal to the sum of— "(I) the total deposits of such insured depository institution on May 1, 1989; and "(II) the total amount of net interest credited to the depository institution's deposits during the period beginning on May 1, 1989, and ending on the date of the transfer of deposits in connection with such transaction; or "(ii) the amount which is equal to the total deposits of such insured depository institution on the date of the transfer of deposits in connection with such trans- action. "(E) EXIT AND ENTRANCE FEES. —Each insured depository institution participating in a conversion transaction shall pay— "(i) in the case of a conversion transaction in which the resulting or acquiring depository institution is not ,r». a Savings Association Insurance Fund member, an exit }... fee (in an amount to be determined and assessed in accordance with subparagraph (F)) which— "(I) shall be deposited in the Savings Association Insurance Fund; or V "(II) shall be paid to the Financing Corporation, if the Secretary of the Tresisury determines that the Financing Corporation has exhausted all other sources of funding for interest payments on the obligations of the Financing Corporation and orders that such fees be paid to the Financing Corporation; "(ii) in the case of a conversion transaction in which _ . the resulting or acquiring depository institution is not a Bank Insurance Fund member, an exit fee in an amount to be determined by the Corporation (and as- sessed in accordance with subparagraph (F)(ii)) which shall be deposited in the Bank Insurance Fund; and

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