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Landeskreditbank Baden-Württemberg - L-Bank

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(4) Loans to customers (i.e., non-credit institutions) include mortgage loans, loans to public authorities and<br />

entities organized under public law and other obligations of customers.<br />

(5) Aggregate book value of all debt or equity securities (excluding equity investments and repurchased own<br />

notes), held by us at December 31 of the year indicated. An “equity investment” (Beteiligung) isan<br />

investment in another company (whether affiliated or non-affiliated) that we intend to hold on a long-term<br />

basis in order to establish a permanent relationship that contributes to our own business. See “—Business—<br />

Securities Activities” and “—Glossary—Equity investments in non-affiliated companies; equity investments<br />

in affiliated companies.”<br />

(6) Fiduciary assets consist of loans that are made by us in our name but on behalf of other entities with funds<br />

entirely supplied by, and for a purpose and on terms specified by, such other entities. See “—Business—<br />

Loan Portfolio Risks” and “—Glossary—Fiduciary assets; fiduciary liabilities.” Amounts are as of<br />

December 31 of the year indicated.<br />

(7) Total guaranties are contingent liabilities in respect of guaranties and indemnity agreements as of December<br />

31 of the year indicated.<br />

(8) Total commitments represent the volume of funds committed by us for loans (including fiduciary loans and<br />

administrative loans in an amount of EUR 121.0 million in 2004, EUR 121.6 million in 2003 and EUR<br />

120.0 million in 2002), grants and guaranties and for the purchase of investment securities during the year<br />

indicated, including amounts to be disbursed in future years and not including amounts disbursed during the<br />

year indicated pursuant to commitments made in prior years. The retroactive change of the figures for new<br />

commitments in 2003 is due to the fact that some customers have not drawn certain loans committed by us<br />

as of December 31, 2003 (wertbegruendendes Ereignis).<br />

(9) Net profit is the difference between total income and total expenses before allocations to retained profits and<br />

reserves for the year indicated. See also our balance sheets and statements of income included elsewhere in<br />

this prospectus.<br />

Responsibility of <strong>Baden</strong>-Württemberg<br />

Ownership. We are wholly owned by <strong>Baden</strong>-Württemberg.<br />

Explicit and Unconditional Guaranty of <strong>Baden</strong>-Württemberg. The L-<strong>Bank</strong> Act (Section 5(3)) provides<br />

expressly that <strong>Baden</strong>-Württemberg guaranties all of our obligations in respect of money borrowed by us, debt<br />

obligations issued by us, forward or future contracts, rights under option agreements, other credits extended to us,<br />

as well as credit extended to third parties that we expressly guaranty. Under this explicit guaranty, if we fail to<br />

make any payment of principal or interest or any other amount required to be paid with respect to the Debt<br />

Securities described herein when that payment is due and payable, <strong>Baden</strong>-Württemberg will be liable for that<br />

payment as and when it becomes due and payable.<br />

<strong>Baden</strong>-Württemberg’s obligation under this explicit guaranty ranks equally, without any preference, with all<br />

of its other present and future unsecured and unsubordinated indebtedness. Holders of securities issued by us may<br />

enforce this obligation directly against <strong>Baden</strong>-Württemberg without first having to take legal action against us.<br />

The explicit guaranty of <strong>Baden</strong>-Württemberg is strictly a matter of statutory law and is not evidenced by any<br />

contract or instrument. It may be subject to defenses available to us with respect to the obligations covered. The<br />

explicit guaranty constitutes a charge on public funds that, as a legally established obligation, would be payable<br />

without the need of any appropriation or other action to be taken by the parliament of <strong>Baden</strong>-Württemberg.<br />

In case of a change of <strong>Baden</strong>-Württemberg’s ownership in us, our liquidation or an amendment to the L-<br />

<strong>Bank</strong> Act, our payment obligations incurred prior to such event, including the obligations in respect of the Debt<br />

Securities described herein, the explicit guaranty of <strong>Baden</strong>-Württemberg would continue to support our payment<br />

obligations incurred prior to such an event.<br />

Guaranty Obligation. The guaranty obligation (Gewährträgerhaftung) is based on an express statutory<br />

provision included in the L-<strong>Bank</strong> Act (Section 5(2)). In accordance with this provision, <strong>Baden</strong>-Württemberg is<br />

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