AFFIRMATIVE COVENANT

AFFIRMATIVE COVENANT. Total Risk Based Capital Ratio. Cause the Bank to maintain as of the end of each Fiscal Quarter a Total Risk Based Capital Ratio, as defined in the Rules and Regulations of the Federal Financial Institutions Examination Council, for such Fiscal Quarter of (1) 11.00% or greater by June 30, 2009; and (2) 12.00% or greater by September 30, 2009 and thereafter.