BankUnited Financial Corporation Commences Chapter 11 Process
2009年5月23日 - 6:51AM
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BankUnited Financial Corp. (NASDAQ:BKUNA) (the �Company�) and
certain of its affiliates announced today that they have commenced
proceedings under Chapter 11 of the United States Bankruptcy Code
in the United States Bankruptcy Court for the Southern District of
Florida. The filing of the bankruptcy cases was prompted by the
appointment of the Federal Deposit Insurance Corporation (�FDIC�)
as receiver for the Company�s banking operations, BankUnited FSB
(the �Bank�), by the Office of Thrift Supervision (�OTS�). As
receiver, the FDIC�by operation of law succeeds to �all rights,
titles, powers, and privileges of the insured depository
institution, and of any stockholder, member, accountholder,
depositor, officer, or director of such institution with respect to
the institution and the assets of the institution; and�title to the
books, records, and assets of any previous conservator or other
legal custodian of such institution.� 12 U.S.C. 1821(d)(2). Given
the financial condition of the Bank, it is unlikely that the
Company will be entitled to any distribution from the FDIC as
receiver for the Bank.
About the Company
BankUnited Financial Corp. is a Florida corporation. It is the
former holding company for BankUnited FSB,�now in receivership.
Forward Looking
Statements
This notice contains certain forward-looking statements, as
defined in Section�27A of the Securities Act of 1933, as amended
(the �Securities Act�), and Section�21E of the Securities Exchange
Act of 1934, as amended (the �Exchange Act�). Forward-looking
statements are statements that are not historical facts and,
without limitation, include predictions, forecasts, indications or
discussions of future results, performances or achievements.
Certain statements including words such as: �will likely result,�
�expect,� �will continue,� �anticipate,� �estimate,� �project,�
�believe,� �intend,� �will,� �should,� �would,� �could,� �may,�
�can,� �plan,� �target� and similar expressions, are intended to be
�forward-looking statements� within the meaning of the Private
Securities Litigation Reform Act of 1995 (�PSLRA�). In particular,
statements relating to future actions, trends in the Company�s
business, prospective services or products, future performance or
financial results and the outcome of contingencies, such as legal
proceedings, are considered forward-looking statements. The Company
claims the protection afforded by the safe harbor for
forward-looking statements provided by the PSLRA.
Forward-looking statements may include, but are not limited to,
estimates of the Company�s 2008 fiscal year end and year-to-date
2009 financial results; discussions concerning national and
regional business and economic conditions; fiscal and monetary
policies; changes in interest rates; deterioration in the general
economy and the credit markets; changes in policy or discretionary
decisions by the FHLB, OTS, the FDIC or the Federal Reserve; a
reduced demand for credit; a decrease in deposit flows, loan demand
or deposits or other customers; risks associated with residential
mortgage lending or the decline in the housing market, including,
without limitation, continued deterioration in credit quality,
reduced real estate values and slower sales, interest rate changes,
payment elections by borrowers of option ARM loans and
deterioration in the ability of borrowers to repay their loans and
other debts; uncertainty about the effectiveness of the U.S.
Treasury�s Troubled Asset Relief Program Capital Purchase Program
(�TARP�); competition from other financial service companies in the
Company�s markets; potential or actual actions by regulators; new,
changed or increased regulatory restrictions and the ability to
comply with such restrictions; the outcome of existing and any new
legal proceedings against the Company, including adverse decisions
in significant actions including, but not limited to, actions
brought by federal and state authorities and class action cases;
changes in regulations, laws, policies or standards, including,
among others, changes in accounting standards, guidelines and
policies; volatility in the market price of the Company�s common
stock; unfavorable conditions in the capital markets; the possible
loss of key personnel; the possible inability to successfully
implement strategic initiatives, and other economic, competitive,
servicing capacity, governmental, regulatory and technological
factors affecting the Company�s operations, price, products and
delivery of services; the possibility that the commercial loan,
commercial real estate loan and consumer loan market may continue
to deteriorate; the possible inability to successfully raise and
maintain capital needed to continue operations; the outcome of tax
audits; the issuance, redemption or deferral of payments on the
Company�s debt or equity; the concentration of operations in
Florida; reliance on other companies for products and services; and
acts of terrorism, war, other man-made or natural disasters,
including hurricanes, that may adversely affect the Company�s
business and operations.
Actual results or performance could differ from those implied or
contemplated by forward-looking statements. The Company wishes to
caution readers not to place undue reliance on any forward-looking
statements, which speak only as of the date made, and are not
historical facts or guarantees of future performance. Other factors
that could cause actual results to differ materially are: (i)�other
risks and uncertainties described from time to time in the
Company�s filings with the SEC; and (ii)�other risks and
uncertainties that have not been identified at this time.
Information in this notice is solely as of the dates, and for the
periods, indicated. The Company does not undertake, and
specifically disclaims any obligation, to publicly update or revise
any forward-looking statements to reflect the occurrence of
anticipated or unanticipated events or circumstances after the date
of such statements, whether as the result of new information,
future events or otherwise. In light of these risks, uncertainties
and assumptions, the forward-looking events discussed in or
incorporated by reference into this report might not occur.
Bankunited Fin Corp (MM) (NASDAQ:BKUNA)
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