Page:United States Statutes at Large Volume 124.djvu/1477

 124 STAT. 1451 PUBLIC LAW 111–203—JULY 21, 2010 (A) an evaluation of whether the financial company is in default or in danger of default; (B) a description of the effect that the default of the financial company would have on financial stability in the United States; (C) a description of the effect that the default of the financial company would have on economic conditions or financial stability for low income, minority, or underserved communities; (D) a recommendation regarding the nature and the extent of actions to be taken under this title regarding the financial company; (E) an evaluation of the likelihood of a private sector alternative to prevent the default of the financial company; (F) an evaluation of why a case under the Bankruptcy Code is not appropriate for the financial company; (G) an evaluation of the effects on creditors, counter- parties, and shareholders of the financial company and other market participants; and (H) an evaluation of whether the company satisfies the definition of a financial company under section 201. (b) DETERMINATION BY THE SECRETARY.—Notwithstanding any other provision of Federal or State law, the Secretary shall take action in accordance with section 202(a)(1)(A), if, upon the written recommendation under subsection (a), the Secretary (in consultation with the President) determines that— (1) the financial company is in default or in danger of default; (2) the failure of the financial company and its resolution under otherwise applicable Federal or State law would have serious adverse effects on financial stability in the United States; (3) no viable private sector alternative is available to pre- vent the default of the financial company; (4) any effect on the claims or interests of creditors, counter- parties, and shareholders of the financial company and other market participants as a result of actions to be taken under this title is appropriate, given the impact that any action taken under this title would have on financial stability in the United States; (5) any action under section 204 would avoid or mitigate such adverse effects, taking into consideration the effectiveness of the action in mitigating potential adverse effects on the financial system, the cost to the general fund of the Treasury, and the potential to increase excessive risk taking on the part of creditors, counterparties, and shareholders in the financial company; (6) a Federal regulatory agency has ordered the financial company to convert all of its convertible debt instruments that are subject to the regulatory order; and (7) the company satisfies the definition of a financial com- pany under section 201. (c) DOCUMENTATION AND REVIEW.— (1) IN GENERAL.—The Secretary shall— (A) document any determination under subsection (b); (B) retain the documentation for review under para- graph (2); and