Amalgamated
Bank Deal Off Amid CRA Protest For Closed
Bronx Branch Now Lawsuit Threat
By Matthew
Russell Lee, Patreon Maxwell
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SOUTH BRONX /
SDNY, March 23 – A CRA protest
to Amalgamated Bank, which
shuttered its South Bronx
branch on Burnside Avenue with
no mitigation, has been
followed the Amalgamated
proposal to acquire a
Chicago-based bank falling
apart. Fair Finance Watch and
Inner City Press, which filed
the CRA protest, say Good
Riddance.
Now, a threat of
litigation, in an SEC 8K:
"Reference is made to the
Current Report on Form 8-K of
Amalgamated Financial Corp.
(the "Company") filed with the
U.S. Securities and Exchange
Commission (the "Commission")
on September 22, 2021,
reporting that the Company had
entered into a definitive
agreement to acquire
Amalgamated Investments
Company ("AIC"), the holding
company for Amalgamated Bank
of Chicago (the "Merger
Agreement"). On February 25,
2022, the Company issued a
press release (furnished as
Exhibit 99.1 to the Company's
Current Report on Form 8-K
furnished under Item 7.01
thereof) stating, among other
things, that the Company had
withdrawn its application for
regulatory approval to acquire
AIC due to an inability to
obtain such approval and, as a
result, the Company was is no
longer proceeding with the
transaction. On March
15, 2022, the Company received
a letter from AIC in which AIC
declared the Merger Agreement
terminated. Although the
Company believes that there
are no termination penalties
in connection with the
termination of the Merger
Agreement, the Company has
been advised by AIC's counsel
that AIC may seek compensatory
damages for an alleged breach
of the Merger Agreement by the
Company. The Company denies
that it breached the Merger
Agreement and would intend to
vigorously defend any such
claims by AIC." No honor among
thieves.
The protest:
October 23, 2021 Federal
Deposit Insurance Corporation
Attn: Frank Hughes, Regional
Director and Robert P.
Cordeiro, Scott D. Strockoz
350 Fifth Avenue, Suite 1200
New York, NY 10118-0110 Re:
Timely First Comment on
Application by Amalgamated
Bank (NY) to buy Amalgamated
Bank in Chicago
Dear Regional
Director Hughes and others at
the FDIC: This is
a timely first comment
opposing and requesting an
extension of the FDIC's public
comment period on the
Applications by Amalgamated
Bank (NY) to buy Amalgamated
Bank in Chicago.
As the
FDIC surely knows, Amalgamated
Bank New York outrageously
closed branches including at
94 Burnside Avenue in the
South Bronx when its customers
needed it
most.
This
caused Fair Finance Watch to
look more closely. And
Amalgamated is not what it
pretend to be. In 2020 in New
York Amalgamated made only 41
home loans to African
Americans, while denying more
(67) - compared to its 962
loans to whites, with FEWER
denials to whites
(577). That
the Burnside Avenue closing
has a negative impact is
recognized even by state
regulators: 'October 7, 2020
(TR-CRB) AMALGAMATED BANK 275
Seventh Avenue (Fourteenth
Floor, New York, NY
10001 In accordance with
Section 28-c of the Banking
Law, the Superintendent of
Financial Services has found
that the closing of branch
office at 94 East Burnside
Avenue, Borough of Bronx, City
of New York 10453, will result
in a significant reduction of
financial services in the
community affected.' The
comment period should be
extended; evidentiary hearings
should be held; and on the
current record, the
application should not be
approved."
The subsequent
news: "New York-based
Amalgamated Bank’s publicly
traded parent Amalgamated
Financial has walked away from
its attempt to purchase the
unaffiliated Amalgamated Bank
of Chicago for $98 million
dollars, Crain’s
reported. The
banks were both founded by
clothing workers’ unions, with
organized labor still having a
major stake in the New York
institution, which has
withdrawn its application for
regulatory approval of the
acquisition it announced it
was seeking in
September. It
cited an “inability” to obtain
Federal Deposit Insurance
Corporation approval in a
statement after the close of
trading Friday. “As a
result, AMAL is no longer
proceeding with the
transaction,” the statement
said, using the parent
company’s ticker symbol.
Amalgamated Bank of Chicago
said the New York company does
not have good cause to walk
away from the deal. “The
terms of our agreement with
Amalgamated Financial are
clear on what triggers
termination of this sale,” a
spokeswoman for the Chicago
bank said in an email to
Crain’s. “They have not met
that threshold as the door on
addressing issues raised by
the FDIC to obtain regulatory
approval is still open.
Amalgamated Financial has an
obligation to address those
issues, which we believe are
not financial in nature, and
move forward with refiling
their application with the
FDIC. Our goal is to help them
overcome the issues that have
been raised and we are
confident that the sale can
get back on track.” We say no.
Watch this site.
***
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