Page:United States Statutes at Large Volume 124.djvu/1502

124 STAT. 1476 PUBLIC LAW 111–203—JULY 21, 2010 earned not later than 180 days before the date of appoint- ment of the Corporation as receiver. (D) Contributions owed to employee benefit plans arising from services rendered not later than 180 days before the date of appointment of the Corporation as receiver, to the extent of the number of employees covered by each such plan, multiplied by 11,725 (as indexed for inflation, by regulation of the Corporation), less the aggre- gate amount paid to such employees under subparagraph (C), plus the aggregate amount paid by the receivership on behalf of such employees to any other employee benefit plan. (E) Any other general or senior liability of the covered financial company (which is not a liability described under subparagraph (F), (G), or (H)). (F) Any obligation subordinated to general creditors (which is not an obligation described under subparagraph (G) or (H)). (G) Any wages, salaries, or commissions, including vacation, severance, and sick leave pay earned, owed to senior executives and directors of the covered financial company. (H) Any obligation to shareholders, members, general partners, limited partners, or other persons, with interests in the equity of the covered financial company arising as a result of their status as shareholders, members, gen- eral partners, limited partners, or other persons with interests in the equity of the covered financial company. (2) POST-RECEIVERSHIP FINANCING PRIORITY.—In the event that the Corporation, as receiver for a covered financial com- pany, is unable to obtain unsecured credit for the covered financial company from commercial sources, the Corporation as receiver may obtain credit or incur debt on the part of the covered financial company, which shall have priority over any or all administrative expenses of the receiver under para- graph (1)(A). (3) CLAIMS OF THE UNITED STATES.—Unsecured claims of the United States shall, at a minimum, have a higher priority than liabilities of the covered financial company that count as regulatory capital. (4) CREDITORS SIMILARLY SITUATED.—A ll claimants of a covered financial company that are similarly situated under paragraph (1) shall be treated in a similar manner, except that the Corporation may take any action (including making payments, subject to subsection (o)(1)(D)(i)) that does not comply with this subsection, if— (A) the Corporation determines that such action is necessary— (i) to maximize the value of the assets of the covered financial company; (ii) to initiate and continue operations essential to implementation of the receivership or any bridge financial company; (iii) to maximize the present value return from the sale or other disposition of the assets of the covered financial company; or Deadline.