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

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

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Transaction costs/charges<br />

When Securities are purchased or sold, several types of incidental costs (including transaction fees and<br />

commissions) are incurred in addition to the purchase or sale price of the security. These incidental costs<br />

may significantly reduce or eliminate any profit from holding the Securities. Credit institutions as a rule<br />

charge commissions which are either fixed minimum commissions or pro rata commissions, depending on<br />

the order value. To the extent that additional - domestic or foreign - parties are involved in the execution of<br />

an order, including but not limited to domestic Subscribers or brokers in foreign markets, investors may<br />

also be charged for the brokerage fees, commissions and other fees and expenses of such parties (third<br />

party costs).<br />

In addition to such costs directly related to the purchase of Securities (direct costs), investors must also<br />

take into account any follow-up costs (such as custody fees). Investors should inform themselves about any<br />

additional costs incurred in connection with the purchase, custody or sale of the Securities before investing<br />

in the Securities.<br />

Clearing risk<br />

The Securities may be purchased and sold through different Clearing Systems, such as Clearstream <strong>AG</strong> or<br />

any other Clearing System as specified in the Final Terms. The Issuer does not assume any responsibility as<br />

to whether the Securities are actually transferred to the securities portfolio of the relevant investor. Investors<br />

have to rely on the functionality of the relevant Clearing System.<br />

Taxation<br />

Interest payments on Securities, or profits realised by an investor upon the sale or repayment of Securities<br />

may be subject to taxation in its home jurisdiction or in other jurisdictions in which it is required to pay<br />

taxes. The tax impact on investors generally in Austria, Czech Republic, Hungary, Germany, Luxembourg,<br />

Slovakia and Slovenia is described under “8 – Taxation”; however, the tax impact on an individual investor<br />

may differ from the situation described for investors generally. Prospective investors, therefore, should<br />

contact their own tax advisors for advice on the tax impact of an investment in the Securities. Furthermore,<br />

the applicable tax regime may change to the disadvantage of the investors in the future.<br />

New Basel equity capital requirements - Basel II<br />

The consequences of the implementation of the framework agreement of the Basel II are not fully foreseeable.<br />

Investors from the banking sector should research whether, in light of the above, obtaining such Securities<br />

as offered in this Programme may affect the way in which their own funds are calculated.<br />

Change of law<br />

The Conditions will be governed by Austrian law in effect as at the date of this document. No assurance<br />

can be given as to the impact of any possible judicial decision or change to Austrian (or law applicable in<br />

Austria), or administrative practice after the date of this Prospectus.<br />

Investors have no collective rights against the Issuer<br />

In this Debt Issuance Programme, Security Holders will not be offered any collective rights to enforce their<br />

claims against the Issuer. Enforcement of claims will, in the absence of specific legislation, take place on<br />

an individual basis. As a result, the interests of those investors who have sufficient means to proceed<br />

against the Issuer be may be promoted to the detriment of all others.<br />

In the case in which an Austrian Paying Agent is appointed, investors seeking to enforce their rights collectively<br />

might be able to rely on the provisions of the Austrian Trustee Act (“KuratorenG”. See more in<br />

respect of the above, “2.7 – Other Aspects of the Programme – Security Holders’ Rights under Austrian<br />

Law - The Austrian Trustee Act (Kuratoren Gesetz) – Statutory Collective Rights”) according to which the<br />

court, where (amongst other things) the rights of security holders are endangered due to the lack of collective<br />

representation, may appoint a trustee to act on behalf of such security holders. Potential investors<br />

should however be aware that, as the Issuer is a Luxembourg company, any proceedings against it might be<br />

subject to the rules on enforcement out of the jurisdiction as applicable in both Austria and Luxembourg,<br />

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