Page:United States Statutes at Large Volume 124.djvu/1494

 124 STAT. 1468 PUBLIC LAW 111–203—JULY 21, 2010 or motion may be filed in accordance with subparagraph (C), the claim shall be deemed to be disallowed as of the end of such period (other than any portion of such claim which was allowed by the receiver), such disallowance shall be final, and the claimant shall have no further rights or remedies with respect to such claim. (E) LEGAL EFFECT OF FILING.— (i) STATUTE OF LIMITATIONS TOLLED.—For purposes of any applicable statute of limitations, the filing of a claim with the receiver shall constitute a commence- ment of an action. (ii) NO PREJUDICE TO OTHER ACTIONS.—Subject to paragraph (8), the filing of a claim with the receiver shall not prejudice any right of the claimant to continue any action which was filed before the appointment of the Corporation as receiver for the covered financial company. (6) AGREEMENTS AGAINST INTEREST OF THE RECEIVER.— No agreement that tends to diminish or defeat the interest of the Corporation as receiver in any asset acquired by the receiver under this section shall be valid against the receiver, unless such agreement— (A) is in writing; (B) was executed by an authorized officer or representa- tive of the covered financial company, or confirmed in the ordinary course of business by the covered financial com- pany; and (C) has been, since the time of its execution, an official record of the company or the party claiming under the agreement provides documentation, acceptable to the receiver, of such agreement and its authorized execution or confirmation by the covered financial company. (7) PAYMENT OF CLAIMS.— (A) IN GENERAL.—Subject to subparagraph (B), the Cor- poration as receiver may, in its discretion and to the extent that funds are available, pay creditor claims, in such manner and amounts as are authorized under this section, which are— (i) allowed by the receiver; (ii) approved by the receiver pursuant to a final determination pursuant to paragraph (3) or (5), as applicable; or (iii) determined by the final judgment of a court of competent jurisdiction. (B) LIMITATION.—A creditor shall, in no event, receive less than the amount that the creditor is entitled to receive under paragraphs (2) and (3) of subsection (d), as applicable. (C) PAYMENT OF DIVIDENDS ON CLAIMS.—The Corpora- tion as receiver may, in its sole discretion, and to the extent otherwise permitted by this section, pay dividends on proven claims at any time, and no liability shall attach to the Corporation as receiver, by reason of any such pay- ment or for failure to pay dividends to a claimant whose claim is not proved at the time of any such payment. (D) RULEMAKING BY THE CORPORATION.—The Corpora- tion may prescribe such rules, including definitions of