BankUnited Financial Corporation (NASDAQ:BKUNA), parent company of
BankUnited FSB (the Bank) today announced that the Company, as part of
its strategic plan, is reducing the headcount of the Bank by
approximately 160 persons, or 12% of the Bank’s
current workforce. The reductions will come primarily from the Bank’s
residential lending support and operations. The Company expects this
action to result in estimated annualized cost savings of approximately
$11 million.
"We have done everything to avoid cutting
staff and it is painful to get to this point,”
said Alfred R. Camner, BankUnited’s chairman
and chief executive officer. "Unfortunately in
this unprecedented economic environment, it has become a necessary step.”
Regulatory Consent Orders
The Company and the Bank have reached agreement with the Office of
Thrift Supervision (OTS) on regulatory consent orders that require the
Company and the Bank to take various actions and impose certain
restrictions designed to improve their financial strength. The Company
has previously disclosed most of the actions and restrictions set forth
in the new Orders which the OTS and the Company and Bank agreed to
today. BankUnited and the Bank have therefore, already taken action on,
and in certain situations, completed or made substantial progress
towards completion of a number of the required actions.
The Orders acknowledge that BankUnited has previously submitted a
capital augmentation plan and an alternative capital strategy to the OTS
to preserve and enhance its capital and the Bank’s
capital. Upon receipt of the OTS’s written
non-objection, BankUnited must adopt and implement the capital plan. The
Orders require the Bank, on and after December 31, 2008, to meet and
maintain a minimum Tier One Core Capital Ratio of 7% and a minimum Total
Risk-Based Capital ratio of 14%. The Bank’s
core and risk-based capital ratios were 7.6% and 13.8%, respectively, at
June 30, 2008. The Orders prohibit the Bank from paying, and BankUnited
from accepting or requesting from the Bank, dividends or capital
distributions without receiving the prior written approval of the OTS.
The Orders also require, among other things, that BankUnited and the
Bank notify the OTS prior to adding directors or senior executive
officers; limit certain kinds of severance and indemnification payments;
and obtain OTS approval before entering into, renewing, extending, or
revising any compensatory or benefits arrangements with any director or
officer.
The Orders also require that the Bank enhance its policies and
procedures regarding its allowance for loan losses, limit its asset
growth and develop strategies to strengthen its liquidity position.
In addition, the Orders preclude the Bank from originating any loans
that provide for or may result in negative amortization, including
payment option adjustable rate mortgages (option ARM loans).
Additionally, the Orders preclude the Bank from originating any loans
under reduced documentation and no documentation loan programs; require
the Bank to reduce the portfolio of negative option ARM loans; and
enhance monitoring and internal reporting on the option ARM loan
reduction efforts and on unpaid mortgage insurance claims. The Bank must
report regularly to the OTS on such efforts. As previously announced the
Bank has already terminated the option ARM loan program, eliminated all
reduced documentation and no documentation loan programs and suspended
the payment of dividends.
"We have been working closely with our
regulators to proactively position BankUnited to meet the challenges of
the sharp decline in the housing and financial markets,”
said Camner. ”We have already enacted many of
the elements of the order.
"Most importantly the Orders do not prevent
us from offering the products and services needed to meet our customers’
banking needs. Our employees remain committed to providing our customers
with the high-quality and professional service to which they are
accustomed.”
The description of each Order and the corresponding Stipulation and
Consent set forth herein are qualified in their entirety by reference to
the Orders and Stipulations, copies of which are attached as Exhibits
10.1, 10.2, 10.3 and 10.4 to the Company’s
Current Report on Form 8-K filed today with the SEC.
Deferral of Interest Payments on the
Company’s
Trust Preferred Debentures
The Company also announced that the Board of Directors has determined to
defer payment of regularly scheduled quarterly interest payments on the
Company’s aggregate $237 million of floating
rate junior subordinated interest debentures (the Subordinated
Debentures) associated with its ten trust preferred subsidiaries.
Pursuant to the indentures for the Subordinated Debentures, the Company
has the right to defer payments of interest for up to twenty consecutive
quarterly periods, provided that there is no event of default (as
defined in the indentures), existing at the time of deferral. During a
period for which interest payments are deferred the Company may not,
among other things and subject to certain exceptions, declare or pay
dividends with respect to the Company’s
capital stock, pay principal or interest on debt that rank pari passu or
junior to the Subordinated Debentures and make any payments under
guarantees of the Company which rank pari passu or junior to the
Subordinated Debentures. During a period when interest payments are
being deferred, interest continues to accrue at an annual rate equal to
the interest rate in effect for such period and compounded quarterly
from the date of deferral. All interest, including the additional
compounded quarterly interest, must be paid at the end of the deferral
period. The total estimated annual interest that would be payable on the
Subordinated Debentures, if not deferred, would be $12.4 million, based
on current variable rates. The deferrals are expected to take effect
commencing with the regularly scheduled payments in Oct. 2008.
About BankUnited
BankUnited Financial Corp. is the holding company for BankUnited FSB,
the largest banking institution headquartered in Florida. At June 30,
2008, BankUnited had assets of $14.2 billion.
Serving customers through 85 branches in 13 coastal counties, including
Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Collier, Charlotte,
Manatee, Hillsborough, Sarasota, Lee, Indian River and Pinellas,
BankUnited offers a full spectrum of consumer and commercial banking
products and services, including online products that can be accessed
through http://www.bankunited.com.
For additional information, call (877) 779-2265.
Forward-Looking Statements
This press release may contain certain forward-looking statements Such
forward-looking statements are within the meaning of that term 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”). Words and phrases 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 identify "forward-looking
statements” within the meaning of the Private
Securities Litigation Reform Act of 1995.
Forward-looking statements may include, but are not limited to,
discussions concerning national and regional business and economic
conditions, fiscal and monetary policies; natural events such as
hurricanes; changes in interest rates; a reduced demand for credit;
reduced access to borrowings and deposits; a decrease in deposit flows,
loan demand or deposit or other customers; risks associated with
residential mortgage lending or the slowdown 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; competition from other financial service companies in our
markets; potential or actual litigation; potential or actual actions by
regulators, including, without limitation, new, changed or increased
regulatory restrictions and the ability to comply with such
restrictions; our ability to comply with the regulatory consent orders;
changes in regulations, laws, policies or standards, including, among
others, changes in accounting standards, guidelines and policies; the
outcome of ongoing tax audits; the issuance, redemption or deferral of
payments on company debt or equity; the concentration of operations in
Florida; reliance on other companies for products and services; the
impact of war and the threat and impact of terrorism; 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 its
agreement with regulators, strategic initiatives, and other economic,
competitive, servicing capacity, governmental, regulatory and
technological factors affecting the company’s
operations, price, products and delivery of services. Neither the
success, timing nor terms of the Company’s
capital raising efforts are certain. The Company is not able to make any
assurances, including but not limited to any assurances that the
increased rate of sale of foreclosed homes will continue in future
periods, that the percentage of unsold homes in escrow or under
negotiation will be representative of the number or percentage of homes
sold in future periods, that the quality of the Company’s
loan portfolio will continue in future periods, that the Company will
have adequate liquidity in future periods, or that the Company will
qualify as "well-capitalized,”
"adequately-capitalized”
or otherwise in future periods. The Company does not update
forward-looking statements to reflect the impact of circumstances or
events that arise after the date the forward-looking statements were
made, except as required by law. Please refer to the documents that
BankUnited Financial Corporation files periodically with the SEC, such
as the Form 10-K for the 2007 fiscal year, and report on Form 10-Q for
the fiscal quarter ended June 30, 2008, which contain additional
important factors that could cause actual results to differ from the
Company’s current expectations and from the
forward-looking statements contained in this press release.