Metrocorp, Inc. - Page 50




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          exit fee is to compensate the Savings Association Insurance Fund            
          from the cherry-picking of its desirable members:  “But for the             
          conversion transaction, the former insurer would have received              
          income in the form of the semiannual insurance premiums payable             
          on the deposit liabilities which were the subject of the                    
          assumption, and a failing SAIF participant could have had an                
          opportunity to reach that income were the FDIC to have allowed              
          it.”  Id.                                                                   
               The majority has failed to reconcile its various                       
          speculations with the condition imposed by 12 U.S.C. section                
          1815(d)(2)(C) (Supp. I, 1989), pertinent to the approval by the             
          FDIC of a conversion transaction during the 5-year moratorium               
          imposed by 12 U.S.C. sec. 1815(d)(2)(A)(ii)(Supp. I, 1989), that            
          the FDIC may approve such a conversion transaction any time if:             
               (ii) the conversion occurs in connection with the                      
               acquisition of a Savings Association Insurance Fund                    
               member in default or in danger of default, and the                     
               Corporation determines that the estimated financial                    
               benefits to the Savings Association Insurance Fund or                  
               the Resolution Trust Corporation equal or exceed the                   
               Corporation’s estimate of loss of assessment income to                 
               such insurance fund over the remaining balance of the                  
               5-year period referred to in subparagraph (A) * * *                    
          Apparently, Congress intended the FDIC to approve conversion                
          transactions involving a failed or failing Savings Association              
          Insurance Fund (SAIF) member during the moratorium only if the              
          loss of that member would improve the SAIF (e.g., if the present            








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