only if the capital doesn't come from selling shares... I've said a few times that we could float non-equity bonds, but that was poo-pooed by someone smarter than me in that field, so I suppose we'll have to see.
In any case, we can acquire other companies (for cash, not a stock swap), but not be acquired ourselves, for 2 years. After that time, we can be acquired or acquire others with stock (the ownership restriction is lifted), but we can't undertake a transaction that would be seen as trying to sell the NOLs... and we'd still have to be purchased by a company in the same line of business (your example of a bank for a bank would fit here) *AND* the size of the company doing the acquisition would need to be about our same size. Keeping with your $5BB example, we can't be purchased by a $100BB company so they can use our NOLs - it would be seen by the IRS as a purchase with the primary intent of acquiring the NOLs.
These are two different restrictions: first the 2-year limit on ownership, and second a non-time-sensitive restriction on "shopping" the NOLs.
I have a social disorder (although it's not quite full blown Asperger's), and can come across differently than intended...if you're offended by something I've said, I probably didn't mean it with such animosity - please take it with a grain of salt. :)