material loss

(2) Material loss incurred For purposes of this subsection: (A) Loss incurred The Deposit Insurance Fund incurs a loss with respect to an insured depository institution— (i) if the Corporation provides any assistance under section 1823(c) of this title with respect to that institution; and— (I) it is not substantially certain that the assistance will be fully repaid not later than 24 months after the date on which the Corporation initiated the assistance; or (II) the institution ceases to repay the assistance in accordance with its terms; or (ii) if the Corporation is appointed receiver of the institution, and it is or becomes apparent that the present value of the outlays of the Deposit Insurance Fund with respect to that institution will exceed the present value of receivership dividends or other payments on the claims held by the Corporation. (B) Material loss defined The term “material loss” means any estimated loss in excess of— (i) $200,000,000, if the loss occurs during the period beginning on January 1, 2010 , and ending on December 31, 2011 ; (ii) $150,000,000, if the loss occurs during the period beginning on January 1, 2012 , and ending on December 31, 2013 ; and (iii) $50,000,000, if the loss occurs on or after January 1, 2014 , provided that if the inspector general of a Federal banking agency certifies to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that the number of projected failures of depository institutions that would require material loss reviews for the following 12 months will be greater than 30 and would hinder the effectiveness of its oversight functions, then the definition of “material loss” shall be $75,000,000 for a duration of 1 year from the date of the certification.


12 USC § 1831o(k)(2)

Scoping language

For purposes of this subsection
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