UPDATE: Colonial BancGroup Shut Down By Regulators, Sold To BB&T
August 14 2009 - 8:04PM
Dow Jones News
Colonial BancGroup Inc. (CNB) was closed by regulators Friday
evening after an agreement was reached to have BB&T Corp. (BBT)
acquire most of its assets and all of its deposits.
The news capped weeks of speculation about the fate of the
Montgomery, Ala., bank, which had been struggling amid growing
losses on real estate and construction loans and was facing a
federal criminal probe. Colonial's failure marks the fifth largest
U.S. bank failure ever.
The Federal Deposit Insurance Corp. said that the Alabama State
Banking Department closed Colonial Friday and appointed the FDIC as
receiver in a failure expected to cost the federal deposit
insurance fund $2.8 billion. FDIC Chair Sheila Bair, in a statement
released by the agency, said that the losses from the failure were
lower than the agency had projected.
The agreement between the FDIC and BB&T calls for the
Winston-Salem, N.C., bank to acquire Colonial's approximately $20
billion in deposits and $22 billion of assets. The FDIC will hold
on to any additional Colonial assets to sell later, the agency
said.
Additionally, the FDIC said it had entered into a loss-sharing
agreement with BB&T on approximately $15 billion of Colonial's
assets.
"We're gaining solid market shares in great markets in Alabama,
Florida and Georgia," BB&T Chief Executive Kelly King said in a
press release. "And it comes with minimal asset risk to BB&T
because of our loss-sharing agreement with the FDIC."
BB&T also said that the assets and liabilities the FDIC
determines to be related to fraudulent or criminal activities are
excluded from the deal. BB&T said it is indemnified by the FDIC
for any liabilities not expressly assumed in the transaction.
News of the loss-sharing agreement and excluded assets and
liabilities will please investors, who were eagerly awaiting
details of the deal after reports emerged early Friday that
BB&T was set to acquire Colonial's branches and assets. The
stock gained 9.4% to $28.23 during Friday's regular session, and
was up another 8 cents in after-hours trading.
With the deal, BB&T gains access to Texas, one of the
nation's more-attractive banking markets. Texas, fueled by the
energy industry, has a stronger economy than most states and has
been largely sheltered from the current financial crisis.
BB&T already has branches in Florida and Georgia, which have
been trouble spots for Colonial owing to souring real estate loans.
Still, a bigger presence in Florida remains attractive for
BB&T. The bank, which has the bulk of its branches in Virginia
and North Carolina, has only a small presence in Alabama,
Colonial's home market.
The Colonial acquisition represents the largest for BB&T in
its 137-year history, creating the country's eighth-largest
financial holding company by deposits, the North Carolina bank said
in its release. BB&T had $102 billion in deposits at the end of
the second quarter.
BB&T has held up better than many regional banks in the
financial crisis. It was among those 19 banks the Federal Reserve
performed a stress test on, and, unlike some of its competitors,
didn't have to raise additional equity capital.
It did receive money from the Treasury Department's Trouble
Asset Relief Program last year, but was among the first to pay it
back in June. However, it too faces increasing losses from soured
real estate loans.
Colonial, which failed to fulfill the requirements to receive
TARP funding, has been struggling with a heavy load of loans tied
to residential real estate markets in markets such as Florida and
Georgia, which were once hot but now troubled.
The bank's problems mounted in recent weeks, as it acknowledged
it might not be able to continue as a going concern. A deal for
Colonial to receive a capital infusion from a group led by mortgage
lender Taylor, Bean & Whitaker Mortgage Corp. fell apart and
Colonial acknowledged that it was the target of a Justice
Department probe in its mortgage lending business and related
accounting irregularities.
BB&T was advised in the Colonial transaction by Credit
Suisse Securities (USA) LLC, Deutsche Bank Securities Inc. and
Wachtell, Lipton, Rosen & Katz.
-By Michael R. Crittenden, Dow Jones Newswires; 202-862-9273;
michael.crittenden@dowjones.com
-By Matthias Rieker, Dow Jones Newswires; (212) 416-2471;
matthias.rieker@dowjones.com