Page:United States Statutes at Large Volume 107 Part 3.djvu/438

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107 STAT. 2376 PUBLIC LAW 103-204—DEC. 17, 1993 ness, or a minority depository institution, over any other offer that results in the same cost to the Corporation, as determined under section 13(c)(4) of the Federal Deposit Insurance Act. "(B) CAPITAL ASSISTANCE. — "(i) ELIGIBILITY. — In order to effectuate the purposes of this paragraph, any minority individual, minority-owned business, or a minority depository institution shall be eligible for capital assistance under the minority interim capital assistance program established under subsection (u)(1) and subject to the provisions of subsection (u)(3), to the extent that such assistance is consistent with the application of section 13(c)(4) of the Federal Deposit Insurance Act.

    • (ii) TERMS AND CONDITIONS. —Subsection (u)(4)

shall not apply to capital assistance provided under this subparagraph. " (C) PERFORMING ASSETS. —In the case of an acquisition of any depository institution or branch described in subparagraph (A) by any minority individual, minority- owned business, or a minority depository institution, the Corporation may provide, in connection with such acquisition and in addition to performing assets of the depository institution or branch, other performing assets under the control of the Corporation in an amount (as determined on the basis of the Corporation's estimate of the fair market value of the assets) not greater than the amount of net liabilities carried on the books of the institution or branch, including deposits, which are assumed in connection with the acqmsition. "(D) FIRST PRIORITY FOR DISPOSITION OF ASSETS. —In the case of an acquisition of any depository institution or branch described in subparagraph (A) by any minority ^ , individual, minority-owned business, or a minority deposi- ^ tory institution, the disposition of the performing assets of the depository institution or branch to such individual, business, or minority depository institution shall have a first priority over the disposition by the Corporation of such assets for any other purpose.

    • (E) DEFINITIONS. — For purposes of this paragraph, the

following definitions shall apply: "(i) ACQUIRE. —The term 'acquire* has the same meaning as in section 13(fK8XB) of the Federal Deposit Insurance Act.

    • (ii) MINORITY. —The term *minori^ has the same

meaning as in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. "(iii) MINORITY DEPOSITORY INSTITUTION.— The term 'minority depository institution' has the same meaning as in subsection (s)(2). "(iv) MINORITY-OWNED BUSINESS.— The term 'minority-owned business' has the S£une meaning as in subsection (r)(4). "(18) SUBCONTRACTS WITH MINORITY- AND WOMEN-OWNED BUSINESSES.— "(A) GOALS AND PROCEDURES. —