(1) Subject to paragraph (5), when applying the sale of business tool to an institution or entity referred to in Regulation 2(1)(b) to (i) -
(a) the resolution authority shall market or make arrangements for the marketing of the assets, rights, liabilities, shares or other instruments of ownership of that institution that the resolution authority intends to transfer, and
(b) pools of rights, assets, and liabilities may be marketed separately.
(2) Without prejudice to the Union State aid framework, where applicable, the resolution authority shall carry out the marketing process in accordance with the following principles:
(a) it shall be as transparent as possible and shall not materially misrepresent the assets, rights, liabilities, shares or other instruments of ownership, having regard to the circumstances and in particular the need to maintain financial stability;
(b) it shall not unduly favour or discriminate between potential purchasers;
(c) it shall be free from any conflicts o
…