PART TWOCOMMON PROVISIONS APPLICABLE TO THE ESI FUNDS

TITLE IVFINANCIAL INSTRUMENTS

Article 44Re-use of resources attributable to the support from the ESI Funds until the end of the eligibility period

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Without prejudice to Article 43a, resources paid back to financial instruments from investments or from the release of resources committed for guarantee contracts, including capital repayments and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by investments, which are attributable to the support from the ESI Funds, shall be re-used for the following purposes, up to the amounts necessary and in the order agreed in the relevant funding agreements:

a

further investments through the same or other financial instruments, in accordance with the specific objectives set out under a priority;

b

where applicable, to cover the losses in the nominal amount of the ESI Funds contribution to the financial instrument resulting from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments;

c

where applicable, reimbursement of management costs incurred and payment of management fees of the financial instrument.

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The managing authority shall ensure that adequate records of the re-use of the resources referred to in paragraph 1 are maintained.