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| STSA > SEC Filings for STSA > Form 8-K on 15-Oct-2009 | All Recent SEC Filings |
15-Oct-2009
Entry into a Material Definitive Agreement, Financial Statements and
On October 9, 2009, Sterling Savings Bank (the "Bank"), a wholly-owned subsidiary of Sterling Financial Corporation ("Sterling") agreed to enter into a Stipulation and Consent to the Issuance of an Order to Cease and Desist (the "Consent Agreement") with the Federal Deposit Insurance Corporation ("FDIC") and the Washington Department of Financial Institutions ("WDFI").
Among other things, under the terms of the Consent Agreement, the Bank has agreed to:
º Have and retain qualified management, and notify the FDIC and the WDFI of
any changes in Sterling Savings Bank's Board of Directors or senior
executive officers at least 30 days before the change is intended to be
effective;
º Sterling Savings Bank's Board of Directors shall assure its on-going
participation in Sterling Savings Bank's affairs, including full
responsibility for approving Sterling Savings Bank's policies and
objectives, and supervising Sterling Savings Bank's activities;
º By December 15, 2009, Sterling Savings Bank shall increase Sterling Savings
Bank's Tier 1 capital by at least $300 million and thereafter maintain a
Tier 1 leverage ratio of not less than 10%;
º Within 60 days of the Consent Agreement, Sterling Savings Bank shall
present to the FDIC and the WDFI a written capital plan to meet and
maintain the capital requirements of the Consent Agreement, which shall
include a contingency plan in the event Sterling Savings Bank fails to
comply with the capital requirements of the Consent Agreement, fails to
submit a capital plan acceptable to the FDIC and WDFI or fails to implement
or comply with the capital plan;
º Not pay cash dividends without the prior written consent of the FDIC and
the WDFI;
º Within 60 days of the Consent Agreement, review, and revise if necessary,
the appropriateness of Sterling Savings Bank's allowance for loan and lease
losses and its a comprehensive policy for determining the appropriate level
of the allowance for loan and lease losses;
º Remedy any deficiency in the allowance for loan and lease losses in the
calendar quarter it is discovered and thereafter maintain an adequate
allowance for loan and lease losses at all time;
º Within 60 days of the Consent Agreement, develop a written plan to
systematically reduce the number of nonperforming assets and assets listed
on Sterling Savings Bank's watchlist to an acceptable level;
º Within 60 days of the Consent Agreement, develop a plan to systematically
reduce the number of commercial real estate and acquisition, land
development and construction loans;
º Within 60 days of the Consent Agreement, develop a written plan prohibiting
extensions of additional credit to borrowers with existing credits
classified as "Loss," "Doubtful' or "Substandard" except in limited
circumstances;
º Within 120 days of the Consent Agreement, develop a written three-year
strategic plan to improve Sterling Savings Bank's profitability and risk
profile;
º Within 60 days of the Consent Agreement, develop, or revise and implement,
a written liquidity and funds management policy that addresses liquidity
needs and contingency funding and reduces reliance on non-core funding
sources.
The Consent Agreement will remain in effect until modified or terminated by the FDIC and the WDFI.
The foregoing description of the Consent Agreement does not purport to be complete and is qualified in its entirety by reference to the complete copies of the documents attached hereto as Exhibits 10.1 and 10.2. A copy of the press release issued by Sterling disclosing entry into the Consent Agreement is attached hereto as Exhibit 99.1
(d) The following exhibits are being filed herewith:
Exhibit No. Exhibit Description
10.1 Stipulation and Consent to the Issuance of an Order to Cease
and Desist, dated October 9, 2009 between Sterling Financial
Corporation and the Federal Deposit Insurance Corporation
and the Washington Department of Financial Institutions.
10.2 Federal Deposit Insurance Corporation and Washington
Department of Financial Institutions Order to Cease and
Desist, dated October 9, 2009.
99.1 Press release text of Sterling Financial Corporation dated
October 15, 2009.
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Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
October 15, 2009 By: /s/ Daniel G. Byrne
Date Daniel G. Byrne
Executive Vice President, Assistant Secretary and
Principal Financial Officer
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