Resolution authorities may exercise the power specified in paragraph 1 to transfer assets only if the situation of the particular market for those assets is of such a nature that the liquidation of those assets under normal insolvency proceedings could have an adverse effect on the financial market

(a)the situation of the particular market for those assets is of such a nature that the liquidation of those assets under normal insolvency proceedings could have an adverse effect on one or more financial markets.

for assets other than exposures to Member States' central governments and central banks, no lower than 35 % of the long-term average of the spread over the risk-free interest rate of assets of the same duration, credit quality and asset class, as observed in financial markets.

The purpose of NAMA is to restore stability to the Irish banking system by allowing participating financial institutions to sell to the agency assets whose declining and uncertain value is preventing the long-term shoring-up of the financial institutions' capital and, therefore, the return to a normally functioning financial market.

What's happening, and we're starting to see this emerging already in the capital markets, is that as valuations have been taken down 20% or 25%, the assets start looking pretty cheap.

In arriving at the decision taken in December 1993 the Commission considered, inter alia, : i) that the terms of certificates of entitlement were cast in a way to discriminate against non-joiners in comparison to joiners; consequently, the cooperative would not be created on a truly voluntary basis as producers may have preferred to join Milk Marque in order not to forego any of their economic interest in the assets concerned. ii) that it was not clear whether all the assets to be transferred to Milk Marque had been taken into account when placing a value on the transfer; and furthermore that insofar as the valuation of the assets did not reflect the market value of the said assets but instead a lower value, the new cooperative would rece ...[+++]ive a net financial gain discriminating against the non-joiners.