Landeskreditbank Baden-Württemberg - L-Bank
Landeskreditbank Baden-Württemberg - L-Bank
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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