108 STAT. 2348 PUBLIC LAW 103-328—SEPT. 29, 1994 tion where any bank involved in the transaction could have established, acquired, or operated a branch under applicable Federal or State law if such bank had not been a party to the merger transaction. " (3) CERTAIN CONDITIONS AND COMMITMENTS CONTINUED.— If, as a condition for the acquisition of a bank by an outof-State bank holding company before the date of the enactment of the Riegle-Neal Interstate Bgmking and Branching Efficiency Act of 1994— "(A) the home State of the acquired bank imposed conditions on such acquisition by such out-of-State bank holding company; or "(B) the bank holding company made commitments to such State in connection with the acquisition, the State may enforce such conditions and commitments with respect to such bank holding company or any affiliated successor company which controls a bank or branch in such State as a result of an interstate merger transaction to the same extent as the State could enforce such conditions or commitments against the bank holding company before the consummation of the merger transaction. " (e) EXCEPTION FOR BANKS IN DEFAULT OR IN DANGER OF DEFAULT.— If an application under subsection (a)(1) for approval of a merger transaction which involves 1 or more banks in default or in danger of default or with respect to which the Corporation provides assistance under section 13(c), the responsible agency may approve such application without regard to subsection (b), or paragraph (2), (4), or (5) of subsection (a). "(f) DEFINITIONS. —For purposes of this section, the following definitions shall apply: "(1) ADEQUATELY CAPITALIZED.— The term 'adequately capitalized' has the same meaning as in section 38. "(2) ANTITRUST LAWS.— The term 'antitrust laws'— "(A) has the same meaning as in subsection (a) of the first section of the Clayton Act; and "(B) includes section 5 of the Federal Trade Commission Act to the extent such section 5 relates to unfair methods of competition. "(3) BRANCH.— The term 'branch' means any domestic branch. "(4) HOME STATE.— The term 'home State'— "(A) means— "(i) with respect to a national bank, the State in which the main office of the bank is located; and "(ii) with respect to a State bank, the State by which the bank is chartered; and "(B) with respect to a bank holding company, has the same meaning as in section 2(o)(4) of the Bank Holding Company Act of 1956. "(5) HOST STATE. — The term 'host State' means, with respect to a bank, a State, other than the home State of the bank, in which the bank maintains, or seeks to establish and maintain, a branch. "(6) INTERSTATE MERGER TRANSACTION. — The term 'interstate merger transaction' means any merger transaction approved pursuant to subsection (a)(1).
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