FS, if you read my prior post, at first glance it might APPEAR that the two of us are in disagreement when in fact, and in a round about way, we are saying the same thing.
So, I'll clarify using an analogy. Los Angeles wants a football team. The NFL requires that the city provide a cutting edge facility. Los Angeles can't come up with the funding. Does Los Angeles get a team? No. No funding- no cutting edge facility- no football team.
Charter is the fundamental component and it is a non-issue because without one, the bank cannot return to pre-seizure operational standards. In other words, the charter is already agreed upon by the parties because it the fundamental framework in which drives the need for capital and, hopefully, potential appropriate damages.
VC