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MARFIN EGNATIA BANK S.A. - Irish Stock Exchange

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zero;<br />

(iii)<br />

(iv)<br />

if such Loan is a first ranking loan with a loan-to-value ("LTV")<br />

at such time greater than 80 per cent., 80 per cent. of the value of<br />

the relevant Property securing such Loan; and<br />

if such Loan is in arrears of more than 90 days, zero.<br />

In calculating whether the Statutory Tests are satisfied, the Servicer shall<br />

not take into account any amounts in relation to Defaulted Loan Assets or<br />

any Loan in respect of which the Eligibility Criteria are not satisfied or<br />

any amounts which are payable to the Hellenic Republic in accordance<br />

with law 128/75.<br />

"Asset Percentage" means on any date, the lower of:<br />

(a)<br />

(b)<br />

(c)<br />

95.0 per cent;<br />

the percentage figure as notified to the Issuer (or the Servicer on<br />

its behalf) on or prior to each Calculation Date (or otherwise from<br />

time to time) by Fitch as part of their surveillance process<br />

provided that where Fitch have not notified the Issuer or the<br />

Servicer of such percentage on or prior to such Calculation Date,<br />

the percentage shall be the percentage applied on the immediately<br />

preceding Calculation Date. Such percentage figure will reflect<br />

the rating agency methodology of Fitch; and<br />

the percentage figure (as selected at the option of the Issuer, by<br />

the Issuer (or the Servicer acting on its behalf) from time to time<br />

and notified to Moody's and the Trustee), if applicable, being the<br />

difference between 100 per cent. and the amount of credit<br />

enhancement required to ensure that the Covered Bonds achieve<br />

an Aaa rating by Moody's using Moody's expected loss<br />

methodology (regardless of the actual Moody's rating of the<br />

Covered Bonds at the time).<br />

"Indexed Valuation" means any valuation used by applying the<br />

Propindex, the Bank of Greece Index or any other recognised indexation<br />

methods.<br />

Marketable Assets:<br />

Compliance with<br />

Statutory Tests:<br />

Breach of Statutory Tests:<br />

The Servicer may, subject to filing a Registration Statement so providing,<br />

include Marketable Assets in the Cover Pool in order to assess compliance<br />

with the Statutory Tests, provided that the conditions set out in the<br />

Servicing Deed are satisfied.<br />

The Servicer will check compliance with the Statutory Tests on each<br />

Calculation Date, or in respect of months in which there is no Calculation<br />

Date the fifth Athens Business Day of such month. The Asset Monitor<br />

will check compliance with the Statutory Tests on each Calculation Date<br />

or as otherwise described in "Description of Principal Documents - Asset<br />

Monitor Agreement" below.<br />

If any of the Statutory Tests noted above are not satisfied, the Issuer must<br />

take immediate remedial action.<br />

The Issuer and the Servicer will immediately notify the Trustee of the<br />

breach of any of the Statutory Tests.<br />

In the event that the Issuer breaches any Statutory Test, the Issuer will not<br />

be permitted to issue any further Covered Bonds until such time as such<br />

breach has been cured.<br />

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