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ARTICLE · 16 OCTOBER 2008

Treasury To Acquire Securities From Sellers

Morrison Foerster
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Consistent with the Act's requirements for protection of the taxpayers' investment, Treasury must acquire securities of each financial institution that sells troubled assets.

United StatesFinance and Banking

Consistent with the Act's requirements for protection of the taxpayers' investment, Treasury must acquire securities of each financial institution that sells troubled assets. The type of security and structure of the investment depends on whether the financial institution has publicly traded securities.

Public Companies: A financial institution that is traded on a national securities exchange will be required to provide Treasury with equity securities. These can be in the form of warrants for non-voting common stock or preferred stock, or warrants for voting common stock. In the case of voting stock, Treasury will agree not to exercise voting rights, other than class voting rights on matters that could adversely affect the shares. If Treasury later sells the warrant, the voting rights would transfer to the purchaser. The warrant of any public company must contain a provision protecting Treasury if the financial institution is no longer publicly traded; either a

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