Attached files
file | filename |
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8-K - 8-K - Tennessee Commerce Bancorp, Inc. | a11-13426_28k.htm |
EX-10.2 - EX-10.2 - Tennessee Commerce Bancorp, Inc. | a11-13426_2ex10d2.htm |
Exhibit 99.1
Contact: |
Frank Perez |
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Chief Financial Officer |
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(615) 599-2274 |
TENNESSEE COMMERCE BANCORP
FINALIZES REGULATORY ORDER WITH THE FDIC
Franklin, Tennessee (May 31, 2011) Tennessee Commerce Bancorp, Inc. (Nasdaq:TNCC) (the Company) today reported that its wholly-owned bank subsidiary, Tennessee Commerce Bank (the Bank) has voluntarily entered into a Consent Order (the Consent Order) with the Federal Deposit Insurance Corporation (FDIC). The Consent Order is effective as of May 25, 2011.
The Banks entry into the Consent Order with the FDIC ends a period of regulatory uncertainties concerning the adequacy of the Banks allowance for loan and lease losses (ALLL), potential restatement issues and increased regulatory capital ratio. The Consent Order is the result of a joint examination conducted by the Tennessee Department of Financial Institutions (TDFI) and the FDIC with the Banks full cooperation in August 2010.
Michael R. Sapp, the Companys Chairman, Chief Executive Officer and President, said The Company and Bank are relieved that the issues giving rise to three regulatory uncertainties have been resolved, which will allow the Company and Bank to refocus our efforts and resources on complying with the terms of the Consent Order, strengthening the Bank, and improving the quality of earnings for our shareholders.
The Consent Order does not require a restatement related to the ALLL to the Companys or the Banks financial statements as previously disclosed in the Companys Annual Report on Form 10-K. It does require the Bank achieve and maintain its Tier 1 Leverage Capital ratio at a level equal to or greater than 8.50% of the Banks Average Total Assets; its Tier 1 Risk-Based Capital ratio at a level equal to or greater than 10.00% of the Banks Total Risk-Weighted Assets; and its Total Risk-Based Capital ratio at a level equal to or greater than 11.50% of the Banks Total Risk-Weighted Assets by December 31, 2011.
As of March 31, 2011, the Bank had a Tier 1 Leverage Capital ratio of 8.64% of the Banks Average Total Assets; a Tier 1 Risk-Based Capital ratio of 9.72% of Banks Total Risk-Weighted Assets; and a Total Risk-Based Capital ratio of 10.98%.
Among other requirements of the Consent Order, the Bank must formulate and submit to the FDIC and the TDFI a profit plan that includes a budget for all categories of income and expense for calendar years 2011 and 2012; adopt a strategic plan that contains an assessment of the Banks current financial condition and market area; submit a written plan to the FDIC and TDFI for reducing and monitoring the Banks reliance on certain types of deposit liabilities; and furnish periodic written progress reports to the FDIC and TDFI detailing the form and manner of any actions
taken to secure compliance with the Consent Order and the results thereof. The Bank has already begun to develop and implement strategies and action plans to meet these requirements.
The Banks auditors are expected to issue an unqualified Report of Independent Registered Public Accounting Firm (Report) with respect to the Companys Annual Report on Form 10-K for the period ended December 31, 2010. The original auditors report, dated April 15, 2011, was qualified for uncertainties related to the incomplete regulatory examination. Following the issuance of the expected unqualified Report by the Banks auditors, the Bank will file the Report in an amended Form 10-K and submit the information to The Nasdaq Stock Market (Nasdaq), at which time it is anticipated that the Company will regain compliance with the Nasdaq listing standards.
About Tennessee Commerce Bancorp, Inc.
Tennessee Commerce Bancorp, Inc. is the parent company of Tennessee Commerce Bank. The Bank provides a wide range of banking services and is primarily focused on business accounts. Its corporate and banking offices are located in Franklin, Tennessee. Tennessee Commerce Bancorps stock is traded on the Nasdaq Global Market under the symbol TNCC. Additional information concerning Tennessee Commerce Bancorp can be accessed at www.tncommercebank.com.
Forward-Looking Statements
Certain statements contained in this news release may not be based on historical facts and are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements may be identified by their reference to a future period or periods or by the use of forward-looking terminology such as anticipate, believe, estimate, expect, may, might, will, would, could, or intend. These forward-looking statements include, without limitation, statements relating to the listing of the Companys securities and enhancements to the Companys long-term success.
We caution you not to place undue reliance on any forward-looking statement contained in this news release in that actual results could differ materially from those indicated in such forward-looking statements because of a variety of factors. These factors may include, but are not limited to, Nasdaqs corporate governance listing standards and changes to those standards, the Companys ongoing compliance efforts and ability to meet those standards.