13.04.2013 Views

EUR 3000000000 debt issuance programme, 10 ... - Volksbank AG

EUR 3000000000 debt issuance programme, 10 ... - Volksbank AG

EUR 3000000000 debt issuance programme, 10 ... - Volksbank AG

SHOW MORE
SHOW LESS

Create successful ePaper yourself

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

(i) a description of such Equity Instruments;<br />

(ii) a description of the market in which they are traded including its date of establishment,<br />

how price information is published, an indication of daily trading volumes,<br />

information as to the standing of the market in the country and the name of<br />

the market’s regulatory authority; and<br />

(iii) the frequency with which prices of the relevant securities are published; and<br />

(c) where such Compartment Assets are designated as fund instruments, such as investment<br />

fund units (the “Fund Instruments”), such Fund Instruments are admitted to trading on a<br />

regulated or equivalent market, and the following information shall be provided in Part B<br />

No. 7 of the Final Terms:<br />

(i) a description of such Fund Instruments;<br />

(ii) a description of the market in which they are traded including its date of establishment,<br />

how price information is published, an indication of daily trading volumes,<br />

information as to the standing of the market in the country and the name of<br />

the market’s regulatory authority; and<br />

(iii) the frequency with which prices of the relevant securities are published; and<br />

(d) where such Compartment Assets are constituted by a derivative agreement (the “Derivative<br />

Agreement”), the counterparty of the Issuer (the “Derivative Counterparty”) shall be<br />

VB<strong>AG</strong> and a brief description of the principal terms of such Derivative Agreement shall<br />

be given in Part B No. 7 of the Final Terms.<br />

(2) Subject to sub-paragraph (1), (a) any liability of the Issuer to make payments under the Certificates<br />

shall rank pari passu with its liability to make payments in respect of any Derivative Agreement<br />

and any other agreement between the Issuer and any party which has agreed to limit its recourse to<br />

the Issuer on terms substantially identical to the terms of this § 19 and (b) any liability of the Issuer<br />

to make payments to any party or recipient entitled to such payments, other than as described under<br />

(a), shall rank senior to any liability of the Issuer to make payments under the Certificates, any Derivative<br />

Agreement or any such other agreement.<br />

(3) If so specified in the Final Terms (Part B No. 7), the Issuer will reserve the right to substitute, at<br />

any time during the term of the Certificates and in its reasonable discretion, one or several Compartment<br />

Assets from time to time by substitute Compartment Assets, provided that the terms of<br />

such substitute Compartment Assets shall, in all material respects, correspond to the terms of the<br />

relevant original Compartment Assets.<br />

§ 20<br />

(Applicable Law. Place of Performance. Jurisdiction)<br />

(1) These Conditions are governed exclusively by the laws of the Republic of Austria, excluding its<br />

rules of international private law including however the Luxembourg law of <strong>10</strong>th August 1915 in respect<br />

of Commercial Companies (The application of Articles 86-97 of this law are expressly excluded)<br />

and the Law of 22 March 2004 on Securitisation (as amended).<br />

(2) The competent courts of Vienna, Austria, shall have non-exclusive jurisdiction to settle any dispute<br />

arising from or connected with these Conditions (including a dispute regarding their existence, validity<br />

or termination) or the consequences of their nullity.<br />

§ 21<br />

(Language)<br />

If German is determined as the binding language in the Final Terms (item 31), the German text of the Conditions<br />

and the Final Terms shall be binding for the respective issue of Certificates, and if English is determined as the<br />

binding language, the English version shall be binding. If specified in the Final Terms (item 31), the version in<br />

the other language is a translation which is provided for convenience only.<br />

123

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

Saved successfully!

Ooh no, something went wrong!