Interesting:
from the GSA
(b) Receivership Claims. Except as expressly provided herein
or pursuant to the terms and provisions of the Plan, from and after the Effective Date, the Debtors and JPMC shall take such action as may be reasonably requested by the FDIC Receiver to cause the withdrawal, with prejudice, or the expungement of the Debtors’
Claims. Notwithstanding the foregoing, and for the avoidance of doubt, nothing contained herein shall result in the withdrawal, with prejudice, or the expungement of any rights, claims or defenses that the JPMC Entities or the FDIC Parties may have pursuant to the Purchase and Assumption Agreement.
From the P&A:
"Loans" means all of
the following owed to or held by the Failed Bank as of
Bank Closing:
(i) loans (including loans which have been charged off
the Accounting
Records of the Failed Bank in whole or in par prior to Bank Closing), paricipation agreements,
interests in paricipations, overdrafts of customers (including but not limited to overdrafts made
pursuant to an overdraft protection plan or similar extensions of credit in connection with a
deposit account), revolving commercial
lines of credit, home equity lines of credit,
Commitments, United States and/or State-guaranteed student loans, and lease financing
contracts;
(ii) all Liens, rights (including rights of set-off, remedies, powers, privileges,
demands, claims, priorities, equities and benefits owned or held by, or accruing or to accrue to or
for the benefit of, the holder of
the obligations or instruments referred to in clause (i) above,
including but not limited to those arsing under or based upon Credit Documents, casualty
insurce policies and binders, standby letters of credit, mortgagee title insurance policies and
binders, payment bonds and performance bonds at any time and from time to time existing with
respect to any of the obligations or instruments referred to in clause (i) above; and
(iii) all amendments, modifications, renewals, extensions, refinancings, and
refundings of or for any of the foregoing;
provided, that there shall be excluded from the definition of "Loans" amounts owing under
Qualified Financial Contracts.
