The following rules must be applied in determining whether an agreement
is a covered agreement under section 207.2.
(a) Agreements entered into by same parties. All written agreements to which an insured depository institution or an
affiliate of the insured depository institution is a party shall be
considered to be a single agreement if the agreements—
(1) are entered into with the same NGEP;
(2) were entered into within the same 12-month period; and
(3) are each in fulfillment of the CRA.
(b) Substantively related contracts. All written contracts to which an insured depository institution or an
affiliate of the insured depository institution is a party shall be
considered to be a single agreement, without regard to whether the other
parties to the contracts are the same or whether each such contract is in
fulfillment of the CRA, if the contracts were negotiated in a coordinated
fashion and a NGEP is a party to each contract.
