On November 17, 2008, the United States Treasury Department (the “Treasury”) posted an additional term sheet (the “Non-Public Company Term Sheet”) and a “Private Bank Program Q&A” for the participation of non-publicly traded financial institutions in the Troubled Asset Relief Program – Capital Purchase Program (the “Capital Purchase Program”). The Capital Purchase Program, developed in conjunction with the Emergency Economic Stabilization Act (“EESA”) to assist financial institutions and increase lending to United States businesses and consumers, was previously geared toward publicly traded financial institutions. The term sheet for publicly traded financial institutions (the “Public Company Term Sheet”) was posted on the Treasury’s website on October 14, 2008.
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