Common use of Determination of the Relevant Pledged Assets Clause in Contracts

Determination of the Relevant Pledged Assets. Unless otherwise agreed by the Parties (and communicated by Eurex Clearing AG to CBL), all assets standing to the credit of any Non-CmaX Pledged Account are pledged in favour of the Pledgee under and pursuant to this Schedule 1. For the perfection of the Pledge, for purposes of Article 5 (2) a) (iv) of the Luxembourg Law on Financial Collateral Arrangements, the Relevant Pledged Assets shall, as and when they are credited to the Non-CmaX Pledged Account(s), be designated in CBL’s books, collectively by reference to the relevant Non-CmaX Pledged Account, as pledged in favour of the Pledgee. For this purpose, on the date of the Agreement, the Pledgor and the Pledgee shall execute and send to CBL the joint notification set out in Attachment 1 to this Schedule 1 (the “Joint Notification”). The Pledgor shall ensure that CBL returns a duly acknowledged version of the Joint Notification to the Pledgee. The Joint Notification includes, amongst other things, instructions from the Pledgee and the Pledgor to CBL on the manner Relevant Pledged Assets standing to the credit of the Non-CmaX Pledged Account(s) shall be managed by CBL as long as CBL is not otherwise instructed by the Pledgee (acting in compliance with its rights and obligations vis-à-vis the Pledgor). To the extent that any Previous Pledge has been granted by the Pledgor in favour of the Pledgee in relation to Relevant Pledged Assets standing to credit of the Non-CmaX Pledged Account(s):

Determination of the Relevant Pledged Assets. Unless otherwise agreed by the Parties (and communicated by Eurex Clearing AG AG, acting through CBF, to CBL), it is hereby confirmed that CBL shall be instructed by Eurex Clearing AG to consider that all assets standing to the credit of any Non-CmaX CBL GC Pooling Re- use Pledged Securities Account are pledged in favour of the Pledgee under and pursuant to this Agreement (including this Schedule 1). For the perfection of the Pledge, for purposes of Article 5 (2) a) (iv) of the Luxembourg Law on Financial Collateral Arrangements, the Relevant Pledged Assets shall, as and when they are credited to the NonCBL GC Pooling Re-CmaX use Pledged Securities Account(s), be designated in CBL’s books, collectively by reference to the relevant Non-CmaX CBL GC Pooling Re- use Pledged Securities Account, as pledged in favour of the Pledgee. For this purpose, on the date CBL will be informed of the Agreement, the Pledgor and the Pledgee shall execute and send to CBL the joint notification set out in Attachment 1 to this Schedule 1 (the “Joint Notification”). The Pledgor shall ensure that CBL returns a duly acknowledged version granting of the Joint Notification Pledge in relation to a new CBL GC Pooling Re-use Pledged Securities Account via the execution of matching Appendices A to the Collateral Management Service Agreements by each of the Parties. Following the execution of such Appendices A by each of the Parties with CBL, CBL will automatically designate the new CBL GC Pooling Re-use Pledged Securities Account as pledged in favour of the Pledgee. The Joint Notification includes, amongst other things, instructions from and manage the Pledgee and the Pledgor to CBL on the manner Relevant Pledged Assets standing to credited thereto in accordance with the credit of the Non-CmaX Pledged Account(s) shall be managed by CBL as long as CBL is not otherwise instructed by the Pledgee (acting in compliance with its rights and obligations vis-à-vis the Pledgor)Collateral Management Service Agreements. To the extent that any Previous Pledge has been granted by the Pledgor in favour of the Pledgee in relation to the Relevant Pledged Assets standing to credit of the Nonexisting CBL GC Pooling Re-CmaX use Pledged Securities Account(s):