12.04.2013 Views

UCB SA - BNP Paribas Fortis

UCB SA - BNP Paribas Fortis

UCB SA - BNP Paribas Fortis

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

The investment activities of certain investors are subject to legal investment laws and regulations, or<br />

review or regulation by certain authorities. Each potential investor should consult its legal advisers to<br />

determine whether and to what extent (1) Bonds are legal investments for it, (2) Bonds can be used as<br />

collateral for various types of borrowing and (3) other restrictions apply to its purchase or pledge of any<br />

Bonds. The investors should consult their legal advisers to determine the appropriate treatment of Bonds<br />

under any applicable risk-based capital or similar rules.<br />

(t) The Calculation Agent does not assume any fiduciary or other obligations to the Bondholders and,<br />

in particular, is not obliged to make determinations which protect or further their interests.<br />

<strong>Fortis</strong> Bank <strong>SA</strong>/NV will act as the Issuer’s Calculation Agent. In its capacity as Calculation Agent, it<br />

will act in accordance with the Conditions in good faith and endeavour at all times to make its<br />

determinations in a commercially reasonable manner. However, Bondholders should be aware that the<br />

Calculation Agent does not assume any fiduciary or other obligations to the Bondholders and, in<br />

particular, is not obliged to make determinations which protect or further the interests of the<br />

Bondholders.<br />

The Calculation Agent may rely on any information to which it should properly have regard that is<br />

reasonably believed by it to be genuine and to have been originated by the proper parties. The<br />

Calculation Agent shall not be liable for the consequences to any person (including Bondholders) of any<br />

errors or omissions in (i) the calculation by the Calculation Agent of any amount due in respect of the<br />

Bonds or (ii) any determination made by the Calculation Agent in relation to the Bonds or interests, in<br />

each case in the absence of bad faith or willful default. Without prejudice to the generality of the<br />

foregoing, the Calculation Agent shall not be liable for the consequences to any person (including<br />

Bondholders) of any such errors or omissions arising as a result of (i) any information provided to the<br />

Calculation Agent proving to have been incorrect or incomplete or (ii) any relevant information not<br />

being provided to the Calculation Agent on a timely basis.<br />

A11250830/2.25/23 Oct 2009 30

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!