Federal Deposit Insurance v. Great American Insurance
Court of Appeals for the Second Circuit
1Opinion of the Court
KEENAN, District Judge:
I. BACKGROUND
The following facts are not in dispute. In 1999, Connecticut Bank of Commerce (“CBC”), having assets of approximately $89 million, entered into a Purchase and Assumption Agreement (the “P & A Agreement”) to acquire MTB Bank (“MTB”), a New York bank with approximately $299 million in assets. CBC purchased substantially all of MTB’s assets, including its factoring unit. This transaction required Federal Deposit Insurance Corporation (“FDIC”) approval, which MTB sought on August 4, 1999 and obtained on February 5, 2000. At the time MTB and CBC entered into the…
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