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This excerpt taken from the C 10-Q filed Oct 31, 2008. Pooling Agreements”). CGMD
and Citicorp Deutschland are parties to a domination and profit and loss
pooling agreement dated December 27, 1993 and CGMM and Citicorp
Deutschland are parties to a domination and profit and loss pooling agreement
dated November 21/December 9, 2003 (jointly, the “Investment Bank Profit Pooling Agreements”).
(K) The Seller and the Purchaser have coordinated to submit as of the date hereof a complete notification pursuant to Section 2c of the German Banking Act with respect to the transactions contemplated herein to the Bundesanstalt für Finanzdienstleistungsaufsicht (“BaFin”).
(L) The Seller has agreed to sell or procure the sale of the Shares, the Silent Partner Interest and the Closing Internal Financial Payables (as defined below) and to assume the obligations imposed on the Seller under this Agreement. The Purchaser has agreed to purchase or to procure the purchase of the Shares, the Silent Partner Interest and the Closing Internal Financial Payables, and to assume the obligations imposed on the Purchaser under this Agreement.
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