Metrocorp, Inc. - Page 70




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          “protect the integrity” of the SAIF and the BIF.  Id.  The                  
          majority additionally assert that “Metrobank paid the exit fee to           
          the SAIF as a nonrefundable, final premium for insurance that it            
          had already received”, while the entrance fee was a nonrefundable           
          premium “for the current year’s insurance.”  Majority op. pp. 20-           
          21.  Once again, I disagree.                                                
               The majority’s conclusion that Metrobank paid the exit fee             
          for insurance it had already received is clearly wrong.  As the             
          majority opinion clearly states, the exit fee was paid to the               
          SAIF.  See id.  The deposits of Community acquired by Metrobank             
          were insured by the SAIF only when they were Community’s                    
          deposits; those deposits became insured by the BIF upon their               
          acquisition by Metrobank.                                                   
               Therefore, if the exit fees accurately can be described as             
          premiums for SAIF insurance, they were for insurance coverage the           
          deposits received before Metrobank acquired them.  The only                 
          business purpose Metrobank could have had for paying this “SAIF             
          insurance expense” was its desire to acquire Community’s assets             
          and deposits.                                                               
               The majority’s reliance on the role the fees played in                 
          protecting the “integrity” of the SAIF is misplaced.  While it              
          may have been the FDIC’s purpose in imposing the exit fees, it              
          certainly wasn’t Metrobank’s reason for paying them.  Moreover,             
          the FDIC’s purpose is of limited relevance to the case at hand.             






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