Page:United States Statutes at Large Volume 103 Part 1.djvu/231

 PUBLIC LAW 101-73 —AUG. 9, 1989 103 STAT. 203 "(III) Any other general or senior liability (which is not a liability described in clause (i)). " (IV) Any obligation subordinated to depositors or other general creditors (which is not an obliga- tion described in clause (i)). "(D) ADJUSTMENT OF ESTIMATED PAYMENT.— "(i) OVERPAYMENT. — If the amount of compensation estimated by and paid to the Corporation by 1 or more such commonly controlled depository institutions is greater than the actual loss incurred by the (Dorpora- tion, the Corporation shall reimburse each such com- monly controlled depository institution its pro rata share of any overpayment. "(ii) UNDERPAYMENT. —I f the amount of compensa- tion estimated by and paid to the Corporation by 1 or more such commonly controlled depository institutions is less than the actual loss incurred by the Corporation, the Corporation shall redetermine in its discretion the liability of each such commonly controlled depository institution to the Corporation and shall require each such commonly controlled depository institution to make payment of any additional liability to the Corporation. "(3) REVIEW. — "(A) JUDICIAL.—Actions of the Corporation shall be reviewable pursuant to chapter 7 of title 5, United States Code. "(B) ADMINISTRATIVE. — The Corporation shall prescribe Regulations. regulations and establish administrative procedures which provide for a hearing on the record for the review of— "(i) the amount of any loss incurred by the Corpora- tion in connection with any insured depository institu- tion; ( "(ii) the liability of individual commonly controlled depository institutions for the amount of such loss; and "(iii) the schedule of payments to be made by such commonly controlled depository institutions. "(4) LIMITATION ON RIGHTS OF PRIVATE PARTIES. — To the extent the exercise of any right or power of any person would impair the ability of any insured depository institution to perform such institution's obligations under this subsection— "(i) the obligations of such insured depository institu- tion shall supersede such right or power; and "(ii) no court may give effect to such right or power with respect to such insured depository institution. "(5) WAIVER AUTHORITY.— "(A) IN GENERAL.—The Corporation, in its discretion, may exempt any insured depository institution from the provi- sions of this subsection if the Corporation determines that such exemption is in the best interests of the Bank Insur- ance Fund or the Savings Association Insurance Fund. "(B) CONDITION.— During the period any exemption granted to any insured depository institution under subparagraph (A) or (C) is in effect, such insured depository institution and all other insured depository institution afniiates of such depository institution shall comply fully

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