Division 6.4

The buyer

1. (a)

   must be a third party unconnected with the owners of WestLB; an ‘unconnected’ party here means any party who is not connected with any company belonging to the WestLB group within the meaning of Commission Regulation (EC) No 2790/1999^f1;

2. (b)

   must be reasonably expected to be able to obtain all necessary authorisations from all relevant competition authorities and other authorities to acquire the holding in WestLB;

3. (c)

   on the basis of its financial resources and in particular its rating, must be able to ensure the solvency of the bank.