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COREALCREDIT BANK AG

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European Economic Area; (iv) under certain circumstances the United States, Canada or<br />

Switzerland and their national banks and regional administartions and political subdivisions in<br />

these states; the European Central Bank and further claims as set out in the Pfandbrief Act<br />

(Pfandbriefgesetz).<br />

A Cover Pool may furthermore include the following assets: (i) equalisation claims converted into<br />

bearer bonds; (ii) money claims against a suitable credit institution, in an amount up to 10 per cent.<br />

of the aggregate principal amount of outstanding Public Sector Pfandbriefe, provided that the<br />

share of money claims against any one credit institution does not exceed 2 per cent. of the<br />

aggregate principal amount of outstanding Public Pfandbriefe; and (iii) any claims arising under<br />

derivative transactions, as would qualify for a Mortgage Pfandbrief Cover Pool, subject to the<br />

conditions and restrictions described above.<br />

Insolvency Proceedings<br />

In the event of the institution of insolvency proceedings over the assets of a Pfandbrief Bank, any<br />

Cover Pool maintained by it would not be part of the insolvency estate, and, therefore, such<br />

insolvency would not automatically result in the insolvency of a Cover Pool. Only if the relevant<br />

Cover Pool were to become insolvent at the same time or thereafter would separate insolvency<br />

proceedings be initiated against such Cover Pool by the BaFin. In this case, holders of Pfandbriefe<br />

would have priority of claim over the assets of the respective Cover Pool. Their priority of claim<br />

would also extend to any interest accrued after the commencement of insolvency proceedings.<br />

Furthermore, but only to the extent that they suffer any loss, the holders of Pfandbriefe would also<br />

have recourse to any assets of the Pfandbrief Bank not included in the Cover Pools. As regards<br />

such assets, holders of the Pfandbriefe would rank equally with other unsecured and<br />

unsubordinated creditors of the Pfandbrief Bank.<br />

In the case of the insolvency of the Pfandbrief Bank, one or two administrators (Sachwalter –<br />

"Administrator") will be appointed to administer each Cover Pool for the sole benefit of the<br />

holders of Pfandbriefe. The Administrator(s) will be appointed by the court having jurisdiction at the<br />

location of the head office of the Pfandbrief Bank upon request of the BaFin before or after the<br />

institution of insolvency proceedings. The Administrator(s) will be subject to the supervision of the<br />

court and of the BaFin with respect to the duties of the Pfandbrief Bank arising in connection with<br />

the administration of the assets included in the relevant Cover Pool. The Administrator(s) will be<br />

entitled to dispose of the assets in the Cover Pool and receive all payments on the relevant assets<br />

to ensure full satisfaction of the claims of the holders of Pfandbriefe. To the extent, however, that it<br />

is obvious that such assets are not necessary to satisfy the claims of Pfandbrief holders, the<br />

insolvency receiver of the Pfandbrief Bank is entitled to demand transfer of any such assets to the<br />

insolvency estate.<br />

Subject to the consent of the BaFin, the Administrator may transfer to another Pfandbrief Bank all<br />

or part of the cover assets and the liabilities arising from the Pfandbriefe issued against such<br />

assets.<br />

170

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