magari usare toni un po' meno bruschi sarebbe più gradito

e peraltro non mi sembra corretto dire che il prospetto esclude scenari simili
poi che skippino o no questo è un altro discorso
Capital Payments Require Distributable Profits of the Bank and Operating Profits of the Company
The Company will be authorized to declare and pay Capital Payments (and Capital Payments deemed declared will only be payable) on the Class B Preferred Securities (and, accordingly, the Trust will only have funds
available for the payment of Capital Payments on the Trust Preferred Securities) only if the Bank has sufficient Distributable Profits determined as described under “Distributable Profits of the Bank” and the Company has
sufficient Operating Profits. There can be no assurance that the Bank will have sufficient Distributable Profits in every year for the Company to be authorized to declare the full amount of Capital Payments in the succeeding year. The Company will have sufficient Operating Profits only if the Bank makes payments in the amounts and at the dates as required under the Initial Obligation.
Capital Payments Are Discretionary
The declaration and payment of Capital Payments by the Company on the Class B Preferred Securities (and, accordingly, the availability of funds for the payment of Capital Payments on the Trust Preferred Securities by the
Trust) are limited by the terms of the LLC Agreement. Although it is the policy of the Company to distribute the full amount of Operating Profits for each Payment Period as capital payments or dividends to its securityholders, the Company’s Board of Directors has discretion in declaring and making Capital Payments (except with respect to
deemed declarations which are mandatory) on the Class B Preferred Securities.
Capital Payments May Be Prohibited
Even if the Bank has sufficient Distributable Profits, the Company will be prohibited from making Capital Payments on the Class B Preferred Securities at any time an order from the BaFin or any other relevant regulatory authority prohibits the Bank from making any distributions of profits.