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U.S. Treasury Department's Capital Purchase Program
3 Months Ended
Dec. 31, 2011
U.S. Treasury Department's Capital Purchase Program  
U.S. Treasury Department's Capital Purchase Program

(3) U.S. TREASURY DEPARTMENT'S CAPITAL PURCHASE PROGRAM

 

On December 23, 2008, the Company received $16.64 million from the U.S.

Treasury Department ("Treasury") as a part of the Treasury's CPP.  The CPP was

established as part of the Troubled Asset Relief Program ("TARP").  The

Company sold 16,641 shares of senior preferred stock with a related warrant to

purchase 370,899 shares of the Company's common stock at a price of $6.73 per

share at any time through December 23, 2018.  The preferred stock pays a 5.0%

dividend for the first five years, after which the rate increases to 9.0% if

the preferred shares are not redeemed by the Company.

 

Preferred stock is initially recorded at the amount of proceeds received.  Any

discount from the liquidation value is accreted to the expected call date and

charged to retained earnings.  This accretion is recorded using the

level-yield method.  Preferred dividends paid (or accrued) and any accretion

is deducted from net income for computing income available to common

shareholders and net income per share computations.

 

Under the Company MOU, the Company must, among other things, obtain prior

written approval or non-objection from the FRB to declare or pay any

dividends.  The FRB has denied the Company's requests to pay dividends on its

Series A Preferred Stock issued under the CPP for quarterly payments due for

the last seven quarters commencing with the payment due May 15, 2010.  There

can be no assurances that the FRB will approve such payments or dividends in

the future.   The Company may not declare or pay dividends on its common stock

or, with certain exceptions, repurchase common stock without first having paid

all cumulative preferred dividends that are due.  Since dividends on the

Series A Preferred Stock have not been paid for at least six quarters, the

Treasury has the right to appoint two members to the Company's Board of

Directors.