Attached files
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8-K - FORM 8-K - WHITNEY HOLDING CORP | g22189e8vk.htm |
EX-99.1 - EX-99.1 - WHITNEY HOLDING CORP | g22189exv99w1.htm |
Exhibit 99.2
UNITED STATES OF AMERICA
DEPARTMENT OF THE TREASURY
COMPTROLLER OF THE CURRENCY
DEPARTMENT OF THE TREASURY
COMPTROLLER OF THE CURRENCY
In the Matter of:
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Whitney National Bank
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New Orleans, Louisiana
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STIPULATION AND CONSENT TO THE ISSUANCE
OF A CONSENT ORDER
OF A CONSENT ORDER
The Comptroller of the Currency of the United States of America (Comptroller) intends to
initiate cease and desist proceedings against Whitney National Bank, New Orleans, Louisiana
(Bank), pursuant to 12 U.S.C. § 1818(b), for violations of 12 U.S.C. § 1818(s) and 12 C.F.R.
§ 21.21.
The Bank, in the interest of compliance and cooperation, and without any adjudication on
the merits, consents to the issuance of a Consent Order, dated 2/12/10 (Order);
In consideration of the above premises, the Comptroller, through his authorized
representative, and the Bank, through its duly elected and acting Board of Directors, hereby
stipulate and agree to the following:
ARTICLE I
Jurisdiction
(1) The Bank is a national banking association chartered and examined by the
Comptroller pursuant to the National Bank Act of 1864, as amended, 12 U.S.C. § 1 et seq.
(2) The Comptroller is the appropriate Federal banking agency regarding the Bank
pursuant to 12 U.S.C. §§ 1813(q) and 1818(b).
(3) The Bank is an insured depository institution within the meaning of 12 U.S.C.
§ 1818(b)(1).
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ARTICLE II
Agreement
(1) The Bank, without admitting or denying any wrongdoing, hereby consents and
agrees to the issuance of the Order by the Comptroller.
(2) The Bank further agrees that said Order shall be deemed an order issued with the
consent of the depository institution as defined in 12 U.S.C. § 1818(h)(2), and consents and
agrees that said Order shall become effective upon its issuance and shall be fully enforceable
by
the Comptroller under the provisions of 12 U.S.C. § 1818(i). Notwithstanding the absence of
mutuality of obligation, or of consideration, or of a contract, the Comptroller may enforce
any of
the commitments or obligations herein undertaken by the Bank under his supervisory powers,
including 12 U.S.C. § 1818(i), and not as a matter of contract law. The Bank expressly
acknowledges that neither the Bank nor the Comptroller has any intention to enter into a
contract.
(3) The Bank also expressly acknowledges that no officer or employee of the
Comptroller has statutory or other authority to bind the United States, the U.S. Treasury
Department, the Comptroller, or any other federal bank regulatory agency or entity, or any
officer or employee of any of those entities to a contract affecting the Comptrollers
exercise of
his supervisory responsibilities.
ARTICLE III
Waivers
(1) The Bank, by signing this Stipulation and
Consent, hereby waives:
(a) | the issuance of a Notice of Charges pursuant to 12 U.S.C. § 1818(b); |
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(b) | any and all procedural rights available in connection with the issuance of the Order; | ||
(c) | all rights to a hearing and a final agency decision pursuant to 12 U.S.C. § 1818(i), 12 C.F.R. Part 19; | ||
(d) | all rights to seek any type of administrative or judicial review of the Order; and | ||
(e) | any and all rights to challenge or contest the validity of the Order. |
ARTICLE IV
Other Action
(1) The Bank agrees that the provisions of this Stipulation and Consent shall not
inhibit, estop, bar, or otherwise prevent the Comptroller from taking any other action affecting
the Bank if, at any time, it deems it appropriate to do so to fulfill the responsibilities placed
upon it by the several laws of the United States of America.
IN
TESTIMONY WHEREOF, the undersigned, authorized by the Comptroller as his representative, has
hereunto set his hand on behalf of the Comptroller.
/s/ William D. Haas
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2/12/10 | |||
Deputy Comptroller |
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Midsize and Credit Card Bank Supervision |
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IN TESTIMONY WHEREOF, the undersigned, as the duly elected and acting Board of Directors
of the Bank, have hereunto set their hands on behalf of the Bank.
/s/ A.R. Blossman, Jr.
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2-10-10 | |
A.R. Blossman, Jr.
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/s/ Angus R. Cooper II
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2-10-10 | |
Angus R. Cooper II
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Date | |
/s/ Richard B. Crowell
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2-10-10 | |
Richard B. Crowell
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Date | |
/s/ Hardy B. Fowler
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2-10-10 | |
Hardy B. Fowler
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Date | |
/s/ Terence E. Hall
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2-10-10 | |
Terence E. Hall
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Date | |
/s/ William A. Hines
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2-10-10 | |
William A. Hines
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Date | |
/s/ John C. Hope III
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2-10-10 | |
John C. Hope III
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Date | |
/s/ Alfred S. Lippman.
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2-10-10 | |
Alfred S. Lippman.
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Date | |
/s/ Dr. Michael L. Lomax
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2-10-10 | |
Dr. Michael L. Lomax
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Date | |
/s/ R. King Milling
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2-10-10 | |
R. King Milling
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Date | |
/s/ Eric J. Nickelsen
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2-10-10 | |
Eric J. Nickelsen
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Date |
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/s/ Kathryn M. Sullivan
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2-10-10 | |
Kathryn M. Sullivan
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Date | |
/s/ Dean E Taylor
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2-10-10 | |
Dean E Taylor
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Date | |
/s/ John M. Turner, Jr.
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2-09-10 | |
John M. Turner, Jr.
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Date | |
/s/ Thomas D. Westfeldt
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2-10-10 | |
Thomas D. Westfeldt
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Date |
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