In any transaction involving the combination of any banks or bank holding companies, if one or more of such banks or bank holding companies is in such condition that the Federal Deposit Insurance Corporation or any other federal agency having supervisory authority over banks or bank holding companies in New Hampshire could take action which would result in a combination or other similar structural change, and in the absence of such federal action such a change would be prevented by any deposit limitation contained in this article, the commissioner may waive such deposit limitation. The waiver shall be binding upon the commissioner in any proceeding involving the combination of such bank, banks, or bank holding company.