What are the requirements for the statement of continuous compliance with reporting and disclosure obligations under IV. in Annex IX to the Prospectus Regulation? More specifically, (i) is it possible to add any disclaimers to this statement, (ii) when is an issuer considered to have ‘continuous compliance’, (iii) to which time period should the statement pertain (i.e. does the statement need to cover the entire period that the issuer’s securities have been admitted to trading) and (iv) are issuers allowed to use an ‘exempted document’ drawn up using Annex IX if this statement is not ‘clean’?

Does the exemption in Article 1(5)(ba) PR concern all exchange offers or only exchange offers falling within the scope of the Takeover Directive?

When applying the exemptions in Article 1(4)(da) and (db) as well as Article 1(5)(ba), when is an issuer considered to be subject to a restructuring or to insolvency proceedings?

Could non-EU entities, which are subject to the clearing obligation, be subject to the active account requirement?

How should the calculation mentioned in the second sentence of Article 7a(4), fifth subparagraph, of EMIR, be done, in order for counterparties to establish whether they can benefit from the derogation regarding the number of trades in each of the most relevant categories to fulfil the representativeness obligation?