Page:United States Statutes at Large Volume 104 Part 6.djvu/477

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4867 depository institution, and any claim for a subsequent breach of the obligations thereunder shall be entitled to priority under section 507. This subsection shall not extend any commitment that would otherwise be terminated by any act of such an agency.". (d) COMMITMENTS TO MAINTAIN THE CAPITAL OF FEDERALLY IN- SURED DEPOSITORY INSTITUTIONS.—Section 507(a) of title 11, United States Code, is amended by adding at the end the following new paragraph: "(8) Eighth, allowed unsecured claims based upon any commitment by the debtor to the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Director of the Office of Thrift Supervision, the Comptroller of the Currency, or the Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution.". (e) DEFINITIONS.— Section 101 of title 11, United States Code, is amended— (1) by redesignating paragraphs (32) through (53) as para- . graphs (36) through (57), respectively; (2) by inserting before paragraph (36), as so redesignated, the following: "(33)'institution-affiliated party'— "(A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), has the meaning given it in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)); and

  • (B) with respect to an insured credit union, has the

meaning given it in section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r)); "(34) 'insured credit union' has the meaning given it in section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)); "(35) 'insured depository institution'— "(A) has the meaning given it in section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and "(B) includes an insured credit union (except in the case of paragraphs (3) and (33XA) of this subsection);; (3) by redesignating paragraphs (3) through (31) as paragraphs (4) throi^h (32), respectively; and (4) by inserting after paragraph (2) the following: "(3) 'Federal depository institutions regulatory agency' means— "(A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act) for which no conservator or receiver has been appointed, the appropriate Federal banking agency (as defined in section 3(q) of such Act); "(B) with respect to an insured credit union (including an insured credit union for which the National Credit Union Administration has been appointed conservator or liquidating agent), the National Credit Union Administration; '(C) with respect to any insured depository institution for which the Resolution Trust Corporation has been appointed conservator or receiver, the R^lution Trust Corporation; and "(D) with respect to any insured depository institution for which the Federal Deposit Insurance Corporation has been