Common use of Loss Calculations Clause in Contracts

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.

Appears in 16 contracts

Sources: Purchase and Assumption Agreement (Talmer Bancorp, Inc.), Purchase and Assumption Agreement (Talmer Bancorp, Inc.), Purchase and Assumption Agreement (Hilltop Holdings Inc.)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3);Exhibits (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3);with (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3);Exhibits (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Investor- Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.

Appears in 2 contracts

Sources: Purchase and Assumption Agreement, Purchase and Assumption Agreement

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); Module 1 — Whole Bank w/ Optional Shared Loss Agreements ▇▇▇▇▇▇ COMMUNITY BANK Version 3.01 — Single Family Shared-Loss Agreement BROOKSVILLE, FLORIDA December 8, 2010 (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.

Appears in 2 contracts

Sources: Purchase and Assumption Agreement (FCB Financial Holdings, Inc.), Purchase and Assumption Agreement (Bond Street Holdings Inc)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; Module 1 — Whole Bank w/ Optional Shared Loss Agreements Coastal Bank Version 3.01 — Single family Shared-Loss Agreement Cocoa Beach, FL December 8, 2010 (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.

Appears in 2 contracts

Sources: Purchase and Assumption Agreement (FCB Financial Holdings, Inc.), Purchase and Assumption Agreement (Bond Street Holdings Inc)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3241)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Fidelity Southern Corp)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5. Module 1 Whole Bank w/ Optional Shared Loss Agreements Version 3.3.1 – SINGLE FAMILY SHARED-LOSS AGREEMENT December 7, 2011 ▇▇-▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Ameris Bancorp)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(32a(1 )-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Investor- Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5. Module 1 Whole Bank w/ Optional Shared Loss Agreements SF-4 Blue Ridge Savings Bank, Inc. Version 3.2 – Single Family Shared-Loss Agreement Asheville, North Carolina July 15, 2011

Appears in 1 contract

Sources: Purchase and Assumption Agreement (BNC Bancorp)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s 's Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Great Southern Bancorp Inc)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(32a(1)-13); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s 's Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5. Module 1 - Whole Bank w/ Optional Shared Loss Agreements Version 4.1 - Single Family Shared-Loss Agreement February 21, 2012 SF-4 Inter Savings Bank, FSB Maple Grove, Minnesota

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Great Southern Bancorp Inc)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.. Fixed Price Whole Bank w/ Optional Shared Loss Agreements First Southern National Bank Version 3.2 – PURCHASE AND ASSUMPTION AGREEMENT Statesboro, Georgia July 15, 2011

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Heritage Financial Group Inc)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.. Module 1 – Whole Bank w/ Optional Shared Loss Agreements SF-4 Central Florida State Bank Version 3.3.1 – SINGLE FAMILY SHARED-LOSS AGREEMENT Belleview, Florida December 7, 2011

Appears in 1 contract

Sources: Purchase and Assumption Agreement (CenterState Banks, Inc.)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(1); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5. Module 1 Whole Bank w/ Optional Shared Loss Agreements SF-4 First Heritage Bank Version 3.1.1 – SINGLE FAMILY SHARED-LOSS AGREEMENT Snohomish, Washington April 27, 2011

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Columbia Banking System Inc)

Loss Calculations. Losses on Shared-Loss Loans shall be calculated in the form, and determined in accordance with, the methodologies set forth in the respective Exhibits attached to this Agreement as follows: (i) Restructuring Losses shall be determined in accordance with Exhibits 2a(1)-(3); (ii) Deficiency Losses shall be reported as Restructuring Losses and, if applicable, the net present value of a modified Shared-Loss Loan shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iii) Modification Default Losses shall be determined in accordance with Exhibits 2a(1)-(3), as applicable; (iv) Short-Sale Losses shall be determined in accordance with Exhibits 2b(1)-(3); (v) Foreclosure Losses shall be determined in accordance with Exhibits 2c(1)-(3); (vi) Home Equity Loan Losses shall be determined in accordance with the charge-off policies of the loan classification criteria employed by the Assuming Institution’s Chartering Authority as set forth in Exhibit 2d(12d(l); (vii) Losses, if applicable, on Restructured Loans shall be determined in accordance with Exhibit 2d(2); (viii) Loan Sale Losses shall be determined in accordance with Exhibits 2e(1)-(32e(l)-(3); (ix) Losses on Investor-Owned Residential Loans shall be determined in the same manner as Restructuring Losses. With the consent of the Receiver, Investor-Owned Residential Loans may be restructured under terms different from the standards set forth in Exhibit 5.. Module 1 – Whole Bank w/ Optional Shared Loss Agreements First Georgia Banking Company Version 3.1.1 – SINGLE FAMILY SHARED-LOSS AGREEMENT Franklin, Georgia April 27, 2011

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Certusholdings, Inc.)