These excerpts taken from the C 8-K filed Feb 2, 2009.
Instructions to the Assignor: If the Assignor has not assigned or transferred any interest in the Note and related documentation, such Assignor must include the following representation.]
2. The Assignor has not assigned or otherwise transferred any interest in the Note or Agreement;
Instructions to the Assignor: If the Assignor has assigned a partial interest in the Note and related documentation, the Assignor must include the following representation.]
2. The Assignor has assigned part of its rights, title and interest in the Note and the Agreement to _____________ pursuant to the __________ agreement, dated as of ___________, 20__, between ___________, as assignor, and _____________, as assignee, an executed copy of which is attached hereto.
1 This Form of Assignment shall be modified as appropriate if (a) the assignment is being made by an individual debt holder rather than the Representative, (b) the debt being assigned is not in certificated form or otherwise represented by a written instrument or (c) a Representative other than the Trustee has been designated by the Company and the Guarantor.
The Assignor acknowledges and agrees that this Assignment is subject to the Agreement and to the following:
1. In the event the Assignor receives any payment under or related to the Note or the Agreement from a party other than the FDIC (a “Non-FDIC Payment”):
(a) after the date of demand for a guarantee payment on the FDIC pursuant to 12 CFR Part 370, but prior to the date of the FDIC’s first guarantee payment under the Agreement pursuant to 12 CFR Part 370, the Assignor shall promptly but in no event later than five (5) Business Days after receipt notify the FDIC of the date and the amount of such Non-FDIC Payment and shall apply such payment as payment made by the Issuer or the Guarantor, and not as a guarantee payment made by the FDIC, and therefore, the amount of such payment shall be excluded from this Assignment; and
(b) after the FDIC’s first guarantee payment under the Agreement, the Assignor shall forward promptly to the FDIC such Non-FDIC Payment in accordance with the payment instructions provided in writing by the FDIC.
2. Acceptance by the Assignor of payment pursuant to the Debt Guarantee Program on behalf of the Holders shall constitute a release by such Holders of any liability of the FDIC under the Debt Guarantee Program with respect to such payment.
The Person who is executing this Assignment on behalf of the Assignor hereby represents and warrants to the FDIC that he/she/it is duly authorized to do so.
IN WITNESS WHEREOF, the Assignor has caused this instrument to be executed and delivered this ____ day of ____________, 20__.
Consented to and acknowledged by this ____ day of _________, 20__: