The superintendent will consider the factors set forth in section 28-b of the Banking Law and the performance tests and standards set forth in section 76.7 of this Part in assessing a banking institution's record of performance. Such assessment of a banking institution's record of performance, as set forth in this Part, may be the basis for denying an application by the superintendent, as applicable. Furthermore, the superintendent may condition the approval of any application as the facts and circumstances warrant.