(4)In the event there is a surplus on liquidation of EFSF it shall be distributed to its shareholders on a pro rata basis calculated by reference to their participation in the share capital of EFSF. Prior to the determination of whether there is such a surplus:
(a)the credit balance of the Cash Reserve shall be paid to the Guarantors as described in Article 2(10); and
(b) any operating profit or surplus derived by EFSF which results from its issuance of Funding Instruments guaranteed by the Guarantors shall be paid as additional remuneration to the Guarantors by reference to their respective Adjusted Contribution Key Percentage.
12.APPOINTMENT OF EIB, ECB, OUTSOURCING AND DELEGATION
(1)EFSF may appoint EIB (or such other agencies, institution, EU institution, financial institution or other persons as is approved unanimously by the euro-area Member States) for the purpose of:
(a)managing the receipt of funds from investors following the issue of bonds or securities under an EFSF Programme, the management of the transmission of these funds to Beneficiary Member States in the form of Financial Assistance and the receipt of funds from Beneficiary Member States and the application of such funds to meet scheduled payments of principal and interest under the bonds and debt securities and, following the making of payments under a Guarantee, the management of funds received from Beneficiary Member States and the distribution of reimbursement amounts to the Guarantors;
(b)the related management of the treasury of EFSF including in particular the Cash Reserve and any funds received by way of early repayment or prepayment of Financial Assistance pending the application of such funds to repay Funding Instruments;
(c)such other related cash and treasury management tasks as may be delegated from time to time;
(d)providing legal services, accounting services, human resources services, facilities management, procurement services, internal audit and such other services as require outsourcing and/or logistical support.
These appointments may be effected pursuant to a Service Level Contract between EFSF and EIB (or the relevant agency or institution).
(2)EFSF may contract the ECB to act as its paying agent. EFSF may appoint ECB (or another agency, institution, EU institution, financial institution or other persons approved unanimously by the Guarantors) to maintain its bank and securities accounts.