Sec. 402. Disposition of multifamily businesses
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Except to the extent necessary to provide for guarantees under section 403 and to carry out this title and the amendments made by this title and notwithstanding any provision of title III or any other law, the Director may, on or before the certification date, manage the sale, transfer, or disposition for value of property, including intellectual property, technology, platforms, and legacy systems, infrastructure and processes of an enterprise relating to the operation and maintenance of the multifamily business of an enterprise.
In exercising the authority in subsection (a), the Director shall manage any disposition of the multifamily business of an enterprise in a manner consistent with— the establishment of a well-functioning multifamily covered security market; the provision of broad access to multifamily financing; and facilitating competition in the multifamily covered security market by— providing open access to performance information on the legacy multifamily business of an enterprise; providing for reasonable licensing of the multifamily proprietary systems of an enterprise; and setting market share limitations, fees, or additional capital standards on multifamily business assets that were sold, transferred, or disposed.
Nothing in this title may be construed to affect the guarantee for any security of enterprise backed my mortgages on multifamily housing that is provided pursuant to paragraph
(1)or (2), and paragraph (3)(A) of section 1367(k) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (as added by section 305 of this Act).