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Section 49

Continued cover eligibility

(1) By way of derogation from section 20(1) no. 1(a), claims against such credit institutions as are conducted in the legal form of a corporation or institution under public law remain unrestrictedly eligible for cover where the claims already existed on 18 July 2001. Claims against the credit institutions named are also eligible for cover where the claims were agreed after 18 July 2001 and before 19 July 2005 and their term does not extend beyond 31 December 2015.
(2) By way of derogation from section 20(1) no. 1(d), (e) and (h) in the version in force from 26 March 2009, claims against the debtors or guarantors named there that have been assigned to credit quality step 2 under Table 1 of Article 114(2), Table 5 of Article 121(1), Table 2 of Article 116(1) or Table 3 of Article 120(1) of Regulation (EU) No 575/2013 remain eligible for cover, provided the claims were entered in the cover register before 26 March 2009. The total amount of claims against debtors of credit quality step 2 may amount to at most a share of 20 per cent of the outstanding Pfandbriefe of the respective Pfandbrief class; the cover assets covered by section 20(1) no. 3 in the version in force from 26 March 2009 must be counted.
(3) By way of derogation from section 4(1), third sentence, no. 2a(b), section 19(1), first sentence, no. 3(b), double letter (bb), including in conjunction with section 19(1), first sentence, no. 3(c), with section 26(1), first sentence, no. 4 and with section 26f(1), first sentence, no. 4, and from section 20(2), first sentence, no. 4(b), claims that are directed against the United Kingdom of Great Britain and Northern Ireland or debtors resident there, or for which the guarantee has been assumed by these bodies, and that were used for cover under the aforementioned provisions before the point in time from which the United Kingdom of Great Britain and Northern Ireland is no longer a Member State of the European Union and is also not to be treated as one, remain eligible for cover for the corresponding Pfandbrief class. For demand deposits and monetary claims with daily maturity, this applies up to one month after the day on which the Pfandbrief bank could first dispose of the aforementioned credit balances.
(4) Claims that are secured 1. by land charges on land and rights equivalent to land situated in the United Kingdom of Great Britain and Northern Ireland, 2. by ship mortgages on ships and ships under construction registered there, or 3. by aircraft mortgages on aircraft registered there within the meaning of section 1(2), first sentence, no. 1 of the Aviation Act, or that 4. are directed against the United Kingdom of Great Britain and Northern Ireland or debtors resident there, or for which the guarantee has been assumed by these bodies, and that were used for cover, before the point in time from which the United Kingdom of Great Britain and Northern Ireland is no longer a Member State of the European Union and is also not to be treated as one, under section 12(1) in conjunction with section 13(1), second sentence, section 20(1) no. 1(b), (c) and (g) and no. 2, section 21 in conjunction with section 22(5), first sentence, and section 26a in conjunction with section 26b(4), first sentence, are not counted towards the limits named in section 13(1), second sentence, second half-sentence, section 20(3), section 22(5), second sentence and section 26b(4), second sentence.

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