Treasury

Treasury and Fed Developments

On November 12, Treasury Secretary Paulson announced that Treasury would not be purchasing troubled assets under TARP, as was originally contemplated with the passage of the Emergency Economic Stabilization Act. Secretary Paulson set forth three priorities for the deployment of remaining TARP funds: (1) strengthening the capital positions of financial institutions, including implementing measures to attract private capital, (2) encouraging investment in ABS, potentially by providing investors with access to federal financing, and (3) mitigating mortgage foreclosures. Secretary Paulson also remarked that Treasury’s preferred stock purchase agreement with the GSEs is “effectively, a guarantee on GSE debt and agency MBS.”  Orrick Client Alert.  Secretary Paulson’s Remarks.

On November 10, Treasury announced that it will purchase, under the Emergency Economic Stabilization Act, $40 billion of newly issued preferred shares of AIG, which it referred to as a “systemically important company.” In conjunction with this announcement, the New York Fed announced reductions on interest on AIG’s credit facility and extended its length from two to five years. The Fed also created two additional AIG lending facilities, one to fund CDO securities on which AIG has written CDS contracts and one to fund RMBS from AIG’s lending portfolio.  Treasury Release.  Fed Release.

On November 10, the Fed approved the application of American Express Company and American Express Travel Related Services Company, Inc. to become bank holding companies on conversion of American Express Centurion Bank from an industrial loan company to a bank.  Fed Release.

On November 10, the New York Fed announced that purchases of eligible money market instruments through the Money Market Investor Funding Facility would begin on or about November 24.  New York Fed Release.

 

Treasury and FDIC Developments

On November 4, Treasury gave its First Tranche Report to Congress, as required by the Emergency Economic Stabilization Act. In this report, Treasury described measures taken under the Capital Purchase Program and noted both recent signs of market improvements and longterm credit market challenges. Treasury also indicated a willingness to establish additional programs under the TARP, particularly in connection with mortgage loan modifications.  Treasury Tranche Report. 

On November 7, Treasury posted a solicitation for equity, debt and warrants asset management services under the Capital Purchase Program. Submissions are due on November 13.  Treasury Press Release.

On October 31, Treasury released the form documentation for the Capital Purchase Program, including a term sheet, a form of Securities Purchase Agreement, a form of Letter Agreement between the participating institution and Treasury and forms of senior preferred stock and warrants.  CPP Documentation.

 The FDIC has extended the opt-out deadline for the Temporary Liquidity Guarantee Program to December 5, 2008, in order to provide institutions with additional time to review the Interim Rule and make a determination regarding participation. (Deadline for comments on the Interim Rule is November 13.)  FDIC Press Release.