COREALCREDIT BANK AG
COREALCREDIT BANK AG
COREALCREDIT BANK AG
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LEGAL AND ARBITRATION PROCEEDINGS<br />
The following includes an overview on the legal, governmental and arbitration proceedings the<br />
Issuer is involved or was involved in during the last twelve months and which may have a<br />
significant impact on the Issuer's economic position or profitability:<br />
Proceedings relating to Profit Participation Certificates<br />
The legal proceedings mainly focussed on lawsuits against the Issuer from holders of profit<br />
participation certificates (Genussscheininhaber).<br />
Since 2005 holders of profit participation certificates have participated in losses. The calculation of<br />
the loss participation or the replenishment of the profit participation certificates was based on the<br />
interpretation of the terms and conditions of the underlying contracts. For details hereto reference<br />
is made to the notes to the accounts (Anhang) of the financial statements (Jahresabschluss) for<br />
the year 2011.<br />
� Certain holders of profit participation certificates sued the Issuer for damages in 2006 and<br />
2007 for losses on their investments. As the claims were combined with an application<br />
under the German Capital Markets Model Case Act (Kapitalanleger-<br />
Musterverfahrensgesetz, KapMuG), a class action (Sammelklage) has been instituted. In<br />
September 2008, according to the provisions of the KapMuG, the regional court<br />
(Landgericht) of Frankfurt am Main referred the case to the higher regional court<br />
(Oberlandesgericht) of Frankfurt am Main. As at 1 April 2012 no court hearings have taken<br />
place in the higher regional court of Frankfurt am Main.<br />
� In the fourth quarter of 2008 and at the beginning of the financial years 2009 and 2010,<br />
several holders of profit participation certificates commenced court proceedings against the<br />
Issuer. Some of such holders of profit participation certificates did not continue to<br />
prosecute their so alleged claims. Certain of the remaining proceedings were decided in<br />
favour of the Issuer; however, the majority of these proceedings have been suspended ex<br />
officio pursuant to the regulations of the German Capital Markets Model Case Act<br />
(Kapitalanleger-Musterverfahrensgesetz, "KapMuG"); a small number of the proceedings<br />
have not yet (up to and including 1 April 2012) been suspended in accordance with the<br />
KapMuG.<br />
However, based on its own legal analysis, the Issuer does not consider the arguments submitted<br />
in the above-mentioned legal disputes to be valid on the merits. Said proceedings are expected to<br />
last for several years. If the legal actions brought in connection with the profit participation<br />
certificates be ultimately upheld, this would lead to a reduction in equity and could also result in an<br />
outflow of liquidity affecting business performance.<br />
� In the financial year 2008, holders of profit participation certificates commenced another<br />
action seeking the performance of obligations under profit participation certificates and<br />
declaration that the redemption claims under unmatured certificates had not been reduced<br />
by losses up to and including the financial year 2008. This legal action does not participate<br />
in the above-mentioned class action. The claim is essentially based on arguments used in<br />
previous actions. Based on its own legal analysis, the Issuer is of the opinion that the<br />
arguments submitted to the court in this case are also not well-founded. The case has<br />
been heard in separate proceedings due to different venues (Frankfurt am Main Regional<br />
Court/Landgericht Frankfurt am Main; Cologne Regional Court/Landgericht Köln). Only in<br />
one of these proceedings (Cologne Regional Court/Landgericht Köln) has the court of first<br />
instance already rendered a judgment; against this judgment the claimants have filed an<br />
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