The number of insured institutions on the FDIC’s “troubled bank” list grew to over 700 at the end of 2009 (nearly three times the number of banks on the list at the end of 2008), representing nearly $403 billion in total assets (up from $159 billion at the end of 2008). Although opportunities abound for private investments in these banks, a private equity fund must take great care when structuring its investment to ensure that it satisfies the requirements of the applicable regulators as well as the needs of the fund and its investors


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