Regarding the 2001 C&D, with respect to troubled institutions DSC may want to be more
proactive in the future and include a provision in the enforcement action that the FDIC receive
prior notice of material transactions, out-of-territory lending, or new business activities and be
afforded the opportunity to review and comment on same before the institution concludes such
transactions or engages in such activities. Such a provision may be appropriate in those cases
where an institution’s primary business focus is experiencing a downturn or where earnings are