Translation of "On a pari passu basis " (English → French) :

10. Asks for more detail about how the coordination between the EFSF and the IMF will work, including whether the allocation between funds will be determined on a parallel basis maintaining the 2:1 ratio; whether the interest rate will be coordinated with the IMF rate in any way, presuming that the IMF rate will be fixed according to standard practice; what the projected interest rate will be, over and above German bunds, and whether it is likely to be around 1%; asks whether the IMF and EFSF loans will rank pari passu , a ...[+++]s this would automatically give the EFSF the privilege of non-inclusion in any restructuring of borrowers' obligations – as otherwise the EFSF would, in effect, have first-loss exposure;

10. Asks for more detail about how the coordination between the EFSF and the IMF will work, including whether the allocation between funds will be determined on a parallel basis maintaining the 2:1 ratio; whether the interest rate will be coordinated with the IMF rate in any way, presuming that the IMF rate will be fixed according to standard practice; what the projected interest rate will be, over and above German bunds, and whether it is likely to be around 1%; asks whether the IMF and EFSF loans will rank pari passu, as ...[+++] this would automatically give the EFSF the privilege of non-inclusion in any restructuring of borrowers’ obligations – as otherwise the EFSF would, in effect, have first-loss exposure;

It should be possible for those instruments to include instruments providing preferential rights for dividend payment on a non-cumulative basis, provided that they are included in Article 22 of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions , rank pari passu with ordinary shares during liquidation and fully absorb losses on a going-concern basis pari passu with ...[+++]ordinary shares.

Instruments that do not rank pari passu with ordinary shares during liquidation or which do not absorb losses on a going-concern basis pari passu with ordinary shares should be included in the category of hybrids referred to in Article 57(ca) of Directive 2006/48/EC.

Original own funds referred to in Article 57(a) of Directive 2006/48/EC should include all instruments that are regarded under national law as equity capital, rank pari passu with ordinary shares during liquidation and fully absorb losses on a going-concern basis pari passu with ordinary shares.

These may include instruments providing preferential rights for dividend payment on a non-cumulative basis, provided that they are included in Article 22 of Directive 86/635/EEC, rank after all other claims during liquidation and fully absorb losses on a going concern basis pari passu with ordinary shares.