any dividend consisting only of shares of the institution or company or rights to purchase such shares; or

any amount paid on the deposits of a mutual or cooperative institution that the appropriate Federal banking agency determines is not a distribution for purposes of this section;

a payment by an insured depository institution or company to repurchase, redeem, retire, or otherwise acquire any of its shares or other ownership interests, including any extension of credit to finance an affiliated company’s acquisition of those shares or interests; or

a transaction that the appropriate Federal banking agency or the Corporation determines, by order or regulation, to be in substance a distribution of capital to the owners of the insured depository institution or company.

a leverage limit; and

a risk-based capital requirement.

establish any additional relevant capital measures to carry out the purpose of this section; or

rescind any relevant capital measure required under subparagraph (A) upon determining (with the concurrence of the other Federal banking agencies) that the measure is no longer an appropriate means for carrying out the purpose of this section.

not less than 2 percent of total assets; and

except as provided in clause (i), not more than 65 percent of the required minimum level of capital under the leverage limit.

is made in connection with the issuance of additional shares or obligations of the institution in at least an equivalent amount; and

will reduce the institution’s financial obligations or otherwise improve the institution’s financial condition.

the steps the insured depository institution will take to become adequately capitalized;

the levels of capital to be attained during each year in which the plan will be in effect;

how the institution will comply with the restrictions or requirements then in effect under this section; and

the types and levels of activities in which the institution will engage; and

contain such other information as the appropriate Federal banking agency may require.

complies with subparagraph (B);

is based on realistic assumptions, and is likely to succeed in restoring the institution’s capital; and

would not appreciably increase the risk (including credit risk, interest-rate risk, and other types of risk) to which the institution is exposed; and

guaranteed that the institution will comply with the plan until the institution has been adequately capitalized on average during each of 4 consecutive calendar quarters; and

provided appropriate assurances of performance.

provide insured depository institutions with reasonable time to submit capital restoration plans, and generally require an institution to submit a plan not later than 45 days after the institution becomes undercapitalized;

require the agency to act on capital restoration plans expeditiously, and generally not later than 60 days after the plan is submitted; and

require the agency to submit a copy of any plan approved by the agency to the Corporation before the end of the 45-day period beginning on the date such approval is granted.

an amount equal to 5 percent of the institution’s total assets at the time the institution became undercapitalized; or

the amount which is necessary (or would have been necessary) to bring the institution into compliance with all capital standards applicable with respect to such institution as of the time the institution fails to comply with a plan under this subsection.

requiring any company not having control of an undercapitalized insured depository institution to guarantee, or otherwise be liable on, a capital restoration plan;

requiring any person other than an insured depository institution to submit a capital restoration plan; or

affecting compliance by brokers, dealers, government securities brokers, and government securities dealers with the financial responsibility requirements of the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] and regulations and orders thereunder.

fails to submit an acceptable capital restoration plan within the time allowed by the appropriate Federal banking agency under subsection (e)(2)(D); or

fails in any material respect to implement a plan accepted by the agency.

Requiring the institution to sell enough shares or obligations of the institution so that the institution will be adequately capitalized after the sale.

Further requiring that instruments sold under clause (i) be voting shares.

Requiring the institution to be acquired by a depository institution holding company, or to combine with another insured depository institution, if 1 or more grounds exist for appointing a conservator or receiver for the institution.

Requiring the institution to comply with section 371c of this title as if subsection (d)(1) of that section (exempting transactions with certain affiliated institutions) did not apply.

Further restricting the institution’s transactions with affiliates.

Pay any bonus to any senior executive officer.

Provide compensation to any senior executive officer at a rate exceeding that officer’s average rate of compensation (excluding bonuses, stock options, and profit-sharing) during the 12 calendar months preceding the calendar month in which the institution became undercapitalized.

the appropriate Federal banking agency has taken action with respect to the insured depository institution under paragraph (3)(A)(ii); and

the Corporation determines that the exception would further the purpose of this section.

appoint a receiver (or, with the concurrence of the Corporation, a conservator) for the institution; or

take such other action as the agency determines, with the concurrence of the Corporation, would better achieve the purpose of this section, after documenting why the action would better achieve that purpose.

the agency determines, with the concurrence of the Corporation, that (aa) the insured depository institution has positive net worth, (bb) the insured depository institution has been in substantial compliance with an approved capital restoration plan which requires consistent improvement in the institution’s capital since the date of the approval of the plan, (cc) the insured depository institution is profitable or has an upward trend in earnings the agency projects as sustainable, and (dd) the insured depository institution is reducing the ratio of nonperforming loans to total loans; and

the head of the appropriate Federal banking agency and the Chairperson of the Board of Directors both certify that the institution is viable and not expected to fail.

ascertain why the institution’s problems resulted in a material loss to the Deposit Insurance Fund; and

make recommendations for preventing any such loss in the future; and

the Comptroller General of the United States;

the Corporation (if the agency is not the Corporation);

in the case of a State depository institution, the appropriate State banking supervisor; and

upon request by any Member of Congress, to that Member.

it is not substantially certain that the assistance will be fully repaid not later than 24 months after the date on which the Corporation initiated the assistance; or

the institution ceases to repay the assistance in accordance with its terms; or

if the Corporation is appointed receiver of the institution, and it is or becomes apparent that the present value of the outlays of the Deposit Insurance Fund with respect to that institution will exceed the present value of receivership dividends or other payments on the claims held by the Corporation.

$200,000,000, if the loss occurs during the period beginning on January 1, 2010, and ending on December 31, 2011;

$150,000,000, if the loss occurs during the period beginning on January 1, 2012, and ending on December 31, 2013; and

$50,000,000, if the loss occurs on or after January 1, 2014, provided that if the inspector general of a Federal banking agency certifies to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that the number of projected failures of depository institutions that would require material loss reviews for the following 12 months will be greater than 30 and would hinder the effectiveness of its oversight functions, then the definition of “material loss” shall be $75,000,000 for a duration of 1 year from the date of the certification.

the date on which the institution ceases to repay assistance under section 1823(c) of this title in accordance with its terms, or

the date on which it becomes apparent that the assistance will not be fully repaid during the 24-month period described in paragraph (2)(A)(i).

any portion under section 552(b)(5) of that title; or

any information about the insured depository institution under paragraph (4) (other than trade secrets) or paragraph (8) of section 552(b) of that title.

identify losses that the Inspector General estimates have been incurred by the Deposit Insurance Fund during that 6-month period, with respect to the insured depository institutions supervised by the Federal banking agency;

the grounds identified by the Federal banking agency or State bank supervisor for appointing the Corporation as receiver under section 1821(c)(5) of this title; and

whether any unusual circumstances exist that might warrant an in-depth review of the loss; and

an identification of any loss that warrants an in-depth review, together with the reasons why such review is warranted, or, if the Inspector General determines that no review is warranted, an explanation of such determination; and

for each loss identified under subclause (I) that warrants an in-depth review, the date by which such review, and a report on such review prepared in a manner consistent with reports under paragraph (1)(A), will be completed and submitted to the Federal banking agency and Congress.

submit each report required under paragraph (A) expeditiously, and not later than 90 days after the end of the 6-month period covered by the report; and

provide a copy of the report required under paragraph (A) to any Member of Congress, upon request.

submit written materials in support of the petition; and

appear, personally or through counsel, before 1 or more members of the agency or designated employees of the agency.

schedule the hearing referred to in subparagraph (A)(ii) promptly after the petition is filed; and

hold the hearing not later than 30 days after the petition is filed, unless the petitioner requests that the hearing be held at a later time.

by order, grant or deny the petition;

if the order is adverse to the petitioner, set forth the basis for the order; and

notify the petitioner of the order.