Sec. 4. Liability to the Federal Deposit Insurance Corporation
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The Bank Holding Company Act ( 12 U.S.C. 1841 et seq. ) is amended by adding at the end the following: Any bank holding company that has control over an insured depository institution for which the Corporation is appointed and acts as receiver under section 11 of the Federal Deposit Insurance Corporation Act shall be liable to the Corporation for— any payments from the Deposit Insurance Fund established under section 11 of the Federal Deposit Insurance Act to insured depositors of such insured depository institution; any costs incurred by the Corporation as receiver of such insured depository institution; and any interest on the amounts described in paragraphs
(1)and (2). Any liability of a bank holding company to the Corporation under subsection
(a)shall be secured by a lien on all assets of such bank holding company. Any lien arising under this subsection— shall be deemed to be automatically perfected; shall have priority over all other liens, irrespective of their date of creation or perfection; and may not be avoided in a proceeding under title 11, United States Code. Any liability of a bank holding company to the Corporation under subsection
(a)shall have payment priority over all other liabilities of and interests in the bank holding company. No payment shall be made to any other creditor or shareholder of the bank holding company until the liability to the Corporation under this section has been paid in full. In this section: The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act. The term Corporation means the Federal Deposit Insurance Corporation. .
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Sec. 4
Liability to the Federal Deposit Insurance Corporation
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