text: FDICIA generally prohibits a depository institution from making any capital distribution (including payment of 
  a dividend) or paying any management fee to its holding company if the depository institution would thereafter be 
  “undercapitalized.” An “undercapitalized” institution must develop a capital restoration plan and its parent holding 
  company must guarantee that institution’s compliance with such plan. The liability of the parent holding company 
  under any such guarantee is limited to the lesser of five percent of the institution’s assets at the time it became 
  “undercapitalized” or the amount needed to bring the institution into compliance with all capital standards. 
  Furthermore, in the event of the bankruptcy of the parent holding company, such guarantee would take priority over 