If an institution is reorganized in an open-bank assistance transaction under 12 U.S.C. section 1823(c) or as it may be amended from time to time, no agreement, claim, counterclaim or defense involving the institution prior to its reorganization shall thereafter be valid against the institution, or any transferee or assignee thereof, if such agreement, claim, counterclaim or defense would not have been valid under 12 U.S.C. section 1823(e) or as it may be amended from time to time or any other applicable federal law against the Federal Deposit Insurance Corporation, or any successor federal agency, in its capacity as a receiver, if the institution had been closed pursuant to RSA 395 or any other federal or state law instead of having been reorganized.
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