# C_2009177EN.01001501.xml

| 30.7.2009 | EN | Official Journal of the European Union | C 177/15 |
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30.7.2009

EN

Official Journal of the European Union

C 177/15

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Extract from the Decision concerning Kaupthing Bank Luxembourg S.A. pursuant to Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions

2009/C 177/05

HOMOLOGATION OF THE RESTRUCTURING PLAN OF KAUPTHING BANK LUXEMBOURG S.A.

HOMOLOGATION OF THE RESTRUCTURING PLAN OF KAUPTHING BANK LUXEMBOURG S.A.

By judgment rendered on 8 July 2009, the Tribunal d’Arrondissement de et à Luxembourg, second chamber, (District Court) sitting in commercial matters, ruling in public audience, following the hearing in council chamber of the administrators, the representative of the société anonyme Kaupthing Bank Luxembourg S.A., the representatives of the Commission de Surveillance du Secteur Financier (‘CSSF’) and the representative of the Public Prosecutor,

Tribunal d’Arrondissement de et à Luxembourg

société anonyme

Commission de Surveillance du Secteur Financier

| | ‘homologates the restructuring plan of the société anonyme Kaupthing Bank Luxembourg S.A. dated 26 May 2009, under the suspensive condition of obtaining the confirmation by the European Commission that the intervention of the Luxembourg State in the framework of the restructuring plan does not constitute an incompatible State aid in the sense of the Treaty establishing the European Union; |
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‘homologates the restructuring plan of the société anonyme Kaupthing Bank Luxembourg S.A. dated 26 May 2009, under the suspensive condition of obtaining the confirmation by the European Commission that the intervention of the Luxembourg State in the framework of the restructuring plan does not constitute an incompatible State aid in the sense of the Treaty establishing the European Union;

société anonyme

| | states that the agreements and the Terms and Conditions attached to the restructuring plan will be in effect from the accomplishment of the demerger resulting in the Pillar Securitisation and Banque Havilland, without prejudice of their signature by any third party; |
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states that the agreements and the Terms and Conditions attached to the restructuring plan will be in effect from the accomplishment of the demerger resulting in the Pillar Securitisation and Banque Havilland, without prejudice of their signature by any third party;

| | ascertains that the suspension of payments period of the Bank ceases concomitantly to the approval of the demerger of the Bank by its shareholders resulting in the dissolution without winding-up of the Bank, under the condition that this general meeting takes place at an earlier point in time than the ending of the suspension of payments period.’ |
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ascertains that the suspension of payments period of the Bank ceases concomitantly to the approval of the demerger of the Bank by its shareholders resulting in the dissolution without winding-up of the Bank, under the condition that this general meeting takes place at an earlier point in time than the ending of the suspension of payments period.’

No application may be brought by any of the parties or by any third party to set aside the judgment.

The Administrators

PricewaterhouseCoopers S.àr.l., represented by Mrs Emmanuelle Caruel-Henniaux, and Me Franz Fayot

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