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Case 1:16-Cv-04569-WHP Document 393 Filed 04/28/20 Page 1 of 44
Case 1:16-cv-04569-WHP Document 393 Filed 04/28/20 Page 1 of 44 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK : COMMERZBANK AG, : : Plaintiff, : : 16cv4569 -against- : : OPINION & ORDER U.S. BANK NATIONAL ASSOCIATION, : : Defendant. : : WILLIAM H. PAULEY III, Senior United States District Judge: Defendant U.S. Bank National Association (“U.S. Bank”) moves for summary judgment dismissing Plaintiff Commerzbank AG’s claims. (ECF No. 293.) Due to the complexity of this case, the number of claims, and the demanding summary judgment standard, the parties submitted lengthy statements of undisputed facts in support of their respective positions. To characterize them as sprawling would be an understatement. Almost every statement of undisputed fact is controverted at least in part by the opposing party. The result is a staggering 1,274 pages of factual assertions supported by 1,049 exhibits. By this Court’s reckoning, the parties utilized more than 430,000 words in their respective statements of undisputed facts, a word count longer than Margaret Mitchell’s epic novel Gone with the Wind. For the reasons that follow, U.S. Bank’s motion is granted in part and denied in part. BACKGROUND This Court assumes familiarity with its prior Opinion & Order and summarizes only the facts necessary to decide this motion. See Commerzbank AG v. U.S. Bank Nat’l Ass’n., 277 F. Supp. 3d 483 (S.D.N.Y. 2017). 1 Case 1:16-cv-04569-WHP Document 393 Filed 04/28/20 Page 2 of 44 I. Residential Mortgage-Backed Securities, Generally This action arises from the sale of residential mortgage-backed securities (“RMBS”). -
Commerzbank German Investment Seminar Christian Bruch, President and CEO Siemens Energy January 13, 2021
Commerzbank German Investment Seminar Christian Bruch, President and CEO Siemens Energy January 13, 2021 Siemens Energy is a registered trademark licensed by Siemens AG. © Siemens Energy, 2021 Disclaimer INFORMATION AND FORWARD-LOOKING STATEMENTS This document contains statements related to our future business and financial performance, and future events or developments involving Siemens Energy that may constitute forward-looking statements. These statements may be identified by words such as “expect,” “look forward to,” “anticipate” “intend,” “plan,” “believe,” “seek,” “estimate,” “will,” “project,” or words of similar meaning. We may also make forward-looking statements in other reports, prospectuses, in presentations, in material delivered to shareholders, and in press releases. In addition, our representatives may from time to time make oral forward-looking statements. Such statements are based on the current expectations and certain assumptions of Siemens Energy´s management, of which many are beyond Siemens Energy´s control. These are subject to a number of risks, uncertainties, and other factors, including, but not limited to, those described in disclosures, in particular in the chapter “Report on expected developments and associated material opportunities and risks” in the Annual Report. Should one or more of these risks or uncertainties materialize, should acts of force majeure, such as pandemics, occur, or should underlying expectations including future events occur at a later date or not at all, or should assumptions prove incorrect, Siemens Energy´s actual results, performance, or achievements may (negatively or positively) vary materially from those described explicitly or implicitly in the relevant forward-looking statement. Siemens Energy neither intends, nor assumes any obligation, to update or revise these forward-looking statements in light of developments which differ from those anticipated. -
Women-On-Board-Index
WOMENONBOARDINDEX III Aufsichtsräte (Stand 14.01.2012) powered by FidAR Zahl Anteil WoB-Index Posit Zahl AR- Unternehmen Notierung Frauen Frauen nur ion Mitgl. AR AR Aufsichtsräte 1 Douglas Holding AG MDAX 16 8 50% 50,00% 2 Kabel Deutschland Holding AG MDAX 12 5 42% 41,67% 3 Deutsche Bank AG DAX 20 8 40% 40,00% 4 Amadeus Fire AG SDAX 11 4 36% 36,36% 5 Bechtle AG TecDAX 12 4 33% 33,33% 5 Beiersdorf AG DAX 12 4 33% 33,33% 5 Bertrandt AG SDAX 6 2 33% 33,33% 5 Biotest AG SDAX 6 2 33% 33,33% 5 centrotherm photovoltaics AG TecDAX 3 1 33% 33,33% 5 comdirect bank AG SDAX 6 2 33% 33,33% 5 HAMBORNER REIT SDAX 9 3 33% 33,33% 5 TAG Immobilien AG SDAX 6 2 33% 33,33% 13 Deutsche Post AG DAX 20 6 30% 30,00% 13 GfK SE SDAX 10 3 30% 30,00% 15 Sky Deutschland AG MDAX 7 2 29% 28,57% 16 Commerzbank AG DAX 20 5 25% 25,00% 16 Fielmann AG MDAX 16 4 25% 25,00% 16 Fraport AG MDAX 20 5 25% 25,00% 16 Henkel AG & Co. KGaA DAX 16 4 25% 25,00% 16 Merck KGaA DAX 16 4 25% 25,00% 16 Q-CELLS SE TecDAX 8 2 25% 25,00% 16 Software AG TecDAX 12 3 25% 25,00% 16 Symrise AG MDAX 12 3 25% 25,00% 24 Axel Springer AG MDAX 9 2 22% 22,22% 24 STADA Arzneimittel AG MDAX 9 2 22% 22,22% 26 ADVA AG Optical Networking TecDAX 5 1 20% 20,00% 26 Deutsche Telekom AG DAX 20 4 20% 20,00% 26 Hawesko Holding AG SDAX 5 1 20% 20,00% 26 Münchener Rück AG DAX 20 4 20% 20,00% 26 RHÖN-KLINIKUM AG MDAX 20 4 20% 20,00% 26 Siemens AG DAX 20 4 20% 20,00% 26 ThyssenKrupp AG DAX 20 4 20% 20,00% 33 Praktiker Bau- und Heimwerkermärkte SDAX 16 3 19% 18,75% 33 TUI AG MDAX 16 3 19% 18,75% 35 adidas AG DAX 12 -
Lyxor German Mid-Cap MDAX UCITS ETF - Dist
LYXOR ETF MONTHLY REPORT 31st August 2021 Lyxor German Mid-Cap MDAX UCITS ETF - Dist 1. FUND INFORMATION Ticker: MD4X GY Description Ticker MD4X GY Lyxor Asset Management Group ("Lyxor") was founded in 1998 and comprises two subsidiaries (1) (2) of Société Générale group. Lyxor benefits from the Fund Type SICAV expertise of 600 professionals across the wealth management world, advising EUR 117.6 billion* in assets. Lyxor offers bespoke asset management services, UCITS compliant Yes capitalising on its know-how in ETFs and indexing, Alternative and Multi Management, and Absolute Performance and Solutions. As one of the most ISIN FR0011857234 experienced players on the market, Lyxor ETF is Europe's number three provider of ETFs (number two in terms of liquidity (3)), with AuM of more than EUR UKFRS Yes 49.8 billion*. With 220 ETFs listed on 13 financial marketplaces, Lyxor ETF provides investors with varied investment solutions enabling them to diversify their allocation across the entire spectrum of asset classes (equities, bonds, money market instruments and commodities via forward financial instruments). Replication method Indirect (Swap Based) Demonstrating its commitment to high-quality ETFs, in 2011, Lyxor ETF implemented an ETF quality charter with the aim of ensuring that each ETF it offers Full ownership of fund assets Yes complies with the strictest requirements in terms of replication quality, risk monitoring, liquidity and transparency. www.lyxoretf.com Share Class Currency EUR Investment objective Inception Date 15/05/2014 Nav per share at inception (EUR) 100 The Lyxor German Mid-Cap MDAX UCITS ETF - Dist is a UCITS compliant exchange traded fund that aims to track the benchmark index MDAX PERF INDEX. -
Svenska Handelsbanken AB
OFFERING CIRCULAR Svenska Handelsbanken AB (publ) (Incorporated as a public limited liability banking company in The Kingdom of Sweden) U.S.$50,000,000,000 Euro Medium Term Note Programme for the issue of Notes with a minimum maturity of one month On 26th June, 1992 Svenska Handelsbanken AB (publ) (the “Issuer” or the “Bank”) entered into a U.S.$1,500,000,000 Euro Medium Term Note Programme (the “Programme”) and issued an offering circular on that date describing the Programme. This Offering Circular supersedes any previous offering circular and supplements therein prepared in connection with the Programme. Any Notes (as defined below) issued under the Programme on or after the date of this Offering Circular are issued subject to the provisions described herein. This does not affect any Notes already in issue. Under the Programme, the Bank may from time to time issue Notes (the “Notes”), which expression shall include Notes (i) issued on a senior preferred basis as described in Condition 3 (“Senior Preferred Notes”), (ii) issued on a senior non-preferred basis as described in Condition 4 (“Senior Non-Preferred Notes”), (iii) issued on a subordinated basis and which rank on any voluntary or involuntary liquidation (Sw. likvidation) or bankruptcy (Sw. konkurs) of the Bank as described in Condition 5 (“Subordinated Notes”) and (iv) issued on a subordinated basis with no fixed maturity and which rank on any voluntary or involuntary liquidation (Sw. likvidation) or bankruptcy (Sw. konkurs) of the Bank as described in Condition 6 (“Additional Tier 1 Notes”). The Outstanding Principal Amount (as defined in Condition 2) of each Series (as defined below) of Additional Tier 1 Notes will be subject to Write Down (as defined in Condition 2) if the Common Equity Tier 1 Capital Ratio (as defined in Condition 2) of the Bank and/or the Handelsbanken Group (as defined Condition 2) is less than the relevant Trigger Level (as defined in Condition 2). -
MDAX—2019 Supervisory Board Study Key Insights from This Year’S Analysis by Russell Reynolds Associates
MDAX—2019 Supervisory Board Study Key insights from this year’s analysis by Russell Reynolds Associates Summary Over the past year, Germany's MDAX companies have experienced significant change. The number of companies in the index increased by 10, bringing the overall total to 60. Moreover, 11 "old economy" firms, including Jungheinrich, Krones, Leoni, Salzgitter and Schaeffler, were ousted by pharma, med and biotech risers, such as Evotec, Morphosys, Qiagen, Sartorius and Siemens Healthineers, as well as "new economy" powerhouses like Dialog, Nemetschek, Software AG, Telefonica D, and United Internet. This was also an exceptional election year, with 106 shareholder representative positions expiring. All positions were filled. A total of 67 board members were re-elected, while 36 were replaced. The three remaining roles were absorbed by changes to board sizes. Female shareholder representation surpasses 30 percent For the first time, the share of female shareholder representatives surpassed the required quota, reaching 30.6 percent. Including employee representatives, women now make up 32 percent of supervisory board members. A total of three boards are now chaired by women. However, there is still a major gender discrepancy concerning positions of power when comparing chairpersonships and especially executive board positions. Only four companies can boast more than 30 percent of female executives, while 40 MDAX companies do not have a single woman in a leadership role. Accelerated increase in digital directors The number of digital directors on MDAX supervisory boards showed a significant 30 percent year- on-year increase. However, digital expertise is still unevenly spread in the MDAX. Seven companies have three or more digital directors, while 57 percent of boards completely lack digital expertise. -
Opening the Vaults: the Use of Tax Havens by Europe’S Biggest Banks
Opening the vaults: the use of tax havens by Europe’s biggest banks Appendix 1: Methodology 1.1 Research population and data sources Scope of the research The 20 largest banks in the EU in terms of total assets1 are included in this research: Bank Home country HSBC UK Barclays UK RBS UK Lloyds UK Standard Chartered UK BNP Paribas France Crédit Agricole France Société Générale France BPCE France Crédit Mutuel-CIC France Deutsche Bank Germany Commerzbank AG Germany IPEX (KfW Group) Germany ING Group Netherlands Rabobank Netherlands UniCredit Italy Intesa Sanpaolo Italy Santander Spain BBVA Spain Nordea Sweden M. Aubry and T. Dauphin (2017). Opening the Vaults: The use of tax havens by Europe’s biggest banks. Oxfam. DOI 10.21201/2017.9361 1 Country-by-country-reporting (CBCR) data The information used in this report was taken from the 2015 CBCR that banks published in 2016 as part of their financial statements, annual reports or in separate reports and on their corporatewebsites.2 The banks listed above are required to disclose CBCR data annually under the EU’s fourth Capital Requirements Directive (CRD IV), article 89,3 which reads: ‘From 1 January 2015 Member States shall require each institution to disclose annually, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: (a) name(s), nature of activities and geographical location; (b) turnover; (c) number of employees on a full time equivalent basis; (d) profit or loss before tax; (e) tax on profit or loss; (f) public subsidies received.’ The analysis in this report is based on the 2015 CBCR data as published by banks in 2016, unless the 2015 data was not available. -
Media R Elease
Frankfurt/Main, 5 December 2018 Carl Zeiss Meditec AG to be included in MDAX Three changes in SDAX/ Changes to be effective as of 27 December 2018 On Wednesday, Deutsche Börse announced changes to its selection indices, which will become effective on 27 December 2018. The shares of Carl Zeiss Meditec AG will be included in the MDAX index and will replace the shares of CTS Eventim AG & CO. KGaA, which will be included in the SDAX index. The exclusion of CTS Eventim AG & CO. KGaA is based on the fast exit rule; Carl Zeiss Meditec AG is eligible for the index inclusion due to its market capitalisation and order book turnover. MDAX tracks the 60 largest and most liquid companies below DAX. The following changes will apply to SDAX: CTS Eventim AG & CO. KGaA, Knorr- Bremse AG and VARTA AG will be included. The shares of BayWa AG and DMG Mori AG will be deleted from the index, according to the fast exit rule. SDAX tracks the 70 next biggest and most actively traded companies after the MDAX. The constituents of the indices DAX and TecDAX remain unchanged. The next scheduled index review is 5 March 2019. DAX®, MDAX®, SDAX® and TecDAX® are registered trademarks of Deutsche Börse AG. Media Release About Deutsche Börse – Market Data + Services In the area of data, Deutsche Börse Group is one of the world’s leading service providers for the securities industry with products and services for issuers, investors, intermediaries, and data vendors. The Group’s portfolio covers the entire value chain in the financial business. -
Consolidated Financial Statements for the Year Ended December 31, 2019
CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2019 NUREMBERG / FÜRTH LEIPZIG CONTENTS Board of Directors’ report 2 EPRA Performance Measures 60 Report of the Rèviseur d’Enterprises Agréé (Independent Auditor) 72 Consolidated statement of profit or loss 76 Consolidated statement of comprehensive income 77 Consolidated statement of financial position 78 Consolidated statement of changes in equity 80 Consolidated statement of cash flows 82 Notes to the consolidated financial statements 84 IMPRINT Publisher: Grand City Properties S.A. | 1, Avenue du Bois | L-1251 Luxembourg phone: +352 28 77 87 86 | e-mail: [email protected] | www.grandcityproperties.com Board of Directors’ Report | 1 KEY FINANCIALS BALANCE SHEET HIGHLIGHTS in €’000 unless otherwise indicated Dec 2019 Dec 2018 Dec 2017 Total Assets 9,851,428 8,860,526 7,508,292 Total Equity 4,966,599 4,666,987 3,849,662 Loan-to-Value 33% 34% 36% Equity Ratio 50% 53% 51% P&L HIGHLIGHTS in €’000 unless otherwise indicated 1–12/2019 Change 1–12/2018 Rental and operating income 560,303 3% 544,977 Net rental income 382,605 5% 364,365 EBITDA 696,741 -11% 782,313 Adjusted EBITDA 297,662 8% 275,530 FFO I 211,966 7% 197,854 FFO I per share (in €) 1.27 7% 1.19 FFO I per share after perpetual notes attribution (in €) 1.07 6% 1.01 FFO II 381,387 14% 334,456 Profit for the year 493,360 -15% 583,034 EPS (basic) (in €) 2.43 -18% 2.95 EPS (diluted) (in €) 2.30 -17% 2.76 2019* Change 2018 Dividend per share (in €) 0.8238 7 % 0.7735 *2019 dividend is subject to the next AGM approval and -
Bank of Montreal, Caixabank, Commerzbank, Erste Group, IBM and UBS Collaborate to Advance an Open, Blockchain-Based Trade Finance Platform
Bank of Montreal, CaixaBank, Commerzbank, Erste Group, IBM and UBS Collaborate to Advance an Open, Blockchain-based Trade Finance Platform New platform designed to support trade finance transactions 4 October, 2017 – Bank of Montreal (BMO), CaixaBank, Commerzbank and Erste Group have joined an initiative launched by UBS and IBM in 2016 to build a new global trade platform based on blockchain technology. This new platform, called Batavia, is built to be openly accessed by organisations of all sizes anywhere in the world, and can support trade finance for transactions across all modes of trade, whether goods are being transported by air, land or sea. Batavia advances the work initiated by UBS and IBM to develop a trade finance platform built on the IBM Blockchain Platform powered by the Hyperledger Fabric Blockchain framework. The development work is being done collaboratively by the five banks and IBM in consultation with transportation industry experts as well as the banks’ customers to ensure that the platform is flexible and intuitive for customers and can be commercialized. Batavia is targeting pilot transactions with customers on the network in early 2018 to test and refine the platform. Designed to support more efficient, transparent and cost effective transactions, the new global trade financing platform will help organizations more easily build multi-party, cross-border trading networks worldwide. Batavia will allow transacting parties to view the progress of a shipment as it leaves the warehouse, is loaded onto a plane, truck or boat and arrives at the receiving port, automatically releasing payments incrementally along each step of the process. -
Press Release
PRESS RELEASE R3’s distributed ledger initiative grows to 42 bank members and looks to extend reach to the broader financial services community Next phase of engagement to start in January and focus on non-bank institutions December 17, 2015 (New York/San Francisco/London) – Financial innovation company R3 has concluded its distributed ledger bank membership round with the addition of 12 new banks, bringing the total number to 42. Since its September launch, the company has seen a groundswell of interest in the consortium from financial services companies around the world. Having built a network that includes most of the world’s major global banks, and with the window for the admission of new bank members having closed under the consortium’s formative agreement, R3 will now focus efforts on broader engagement with a diverse range of institutions outside of the banking industry. As part of that initiative, R3 is considering options for participation in the consortium by various categories of non-bank institutions after the first of the year. David Rutter, CEO of R3 comments: “Partnering with a broad range of institutions has always been central to our strategy of developing distributed ledger technologies that will truly benefit the financial services industry as a whole. Securing the backing of 42 of the world’s leading banks demonstrates the level of interest in our initiative, and we now look forward to exploring collaboration with non-bank institutions and expanding our already diverse group.” BMO Financial Group, Danske Bank, Intesa Sanpaolo, Natixis, Nomura, Northern Trust, OP Financial Group, Banco Santander, Scotiabank, Sumitomo Mitsui Banking Corporation, U.S. -
Responsible Banking 22 September 2019
Official Signing and Global Launch of the Principles for Responsible Banking 22 September 2019 Date/Time: 22 September, 14.00-15.30 Location: Trusteeship Council Attendance: About 300-400 high-level representatives from: banks becoming the Founding Signatories of the Principles for Responsible Banking, financial sector institutions, civil society, high-level UN representatives, VIPs, policy makers and international media. Background on the Event and the Principles for Responsible Banking: Official Signing and Global Launch of the Principles for Responsible Banking More than 40 bank CEOs from all five continents have personally committed to come to New York on 22nd and September 2019, to join United Nations Secretary-General António Guterres and United Nations Environment Programme (UNEP) Executive Director Inger Andersen to launch the UN Principles for Responsible Banking. The Principles will open the door to leverage the power of the US$ 134.1 trillion banking industry, which is responsible for more than two-thirds of all financing globally, and 90% of financing in developing countries – making their engagement critical to achievement of the Sustainable Development Goals (SDGs). Already endorsed by 130 banks from over 45 countries representing more than US$47 trillion in assets and with that over one third of the global banking industry, the Principles are the most significant mechanism ever created jointly between the UN and the global banking industry. Background The Principles for Responsible Banking set the criteria for responsible and sustainable banking. The 130 banks that have already committed to the Principles, and the many others that are set to follow, demonstrate the highest-level commitment from the banking industry.