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

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

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the Underlying, as calculated by the Subsequent Index Calculation Agent or, as the case<br />

may be, the Substitute Index will be used. Each reference in these Conditions to the Index<br />

Calculation Agent or to the Underlying is a reference to the Subsequent Index Calculation<br />

Agent or the Substitute Index, provided the context allows for it.<br />

When the Issuer is of the opinion that the Index Calculation Agent effects a material<br />

change in the calculation formula or in the calculation method or another material modification<br />

of the respective index during the term (except such changes which are foreseen for<br />

the valuation and calculation of the respective index because of changes or adaptations of<br />

the components of the index, or other equivalent standard modifications), the Issuer will<br />

effect the calculation in such a way, that such a price will be used instead of the published<br />

price of the relevant Underlying, which results from the use of the original calculation<br />

formula and the original calculation method. When the Index Calculation Agent effects a<br />

minor and only mathematical change of the calculation formula on or before the relevant<br />

evaluation date, the Issuer (or the Calculation Agent) will effect a corresponding adaptation<br />

of the calculation formula and/or the calculation method in such a way as deemed appropriate.<br />

Commercial property rights. The Issuer has been granted the permission to use the<br />

commercial property rights regarding the Underlying, if required. Details are stated in the<br />

Final Terms (item 28), to the extent applicable.<br />

(iii) Effectiveness of adjustments. Adjustments shall be effective at such point in time on<br />

which the respective adjustments become effective at the Relevant Options Exchange, or<br />

would become effective if corresponding option contracts would be traded there or at such<br />

point in time as determined by the Issuer. The Issuer will try to (without being obliged to)<br />

notify the Noteholders promptly (whereas a period of five Business Days (as defined in §<br />

5 para 3) shall be sufficient in any case) pursuant to § 11 when adjustments have been effected.<br />

(iv) Binding adjustments. Adjustments according to the preceding paragraphs will be effected<br />

by the Issuer and are (absent manifest error) binding on all persons involved. Further<br />

Adjustment Events and/or changes of Adjustment Events and/or changes of adjustment<br />

measures may be contained in the Final Terms (item 20b(xi)).<br />

(b) Early redemption due to circumstances relating to the Underlying. If (i) the Underlying or a<br />

component of the Basket is in the opinion of the Issuer definitively discontinued or no longer existing,<br />

(ii) the Issuer loses its right to use the Underlying (e.g. in case the Underlying is an index),<br />

(iii) the listing of the Underlying or one or more Underlyings contained in a Basket, or in the case<br />

of Notes whose Underlying consists of one or more indices, of one or more of the components of<br />

the relevant index, at a reference stock exchange (as defined in item 20b(xii) of the Final Terms) (a<br />

“Reference Stock Exchange”) is definitively discontinued due to whatsoever reason, (iv) the Issuer<br />

determines in its own discretion that only small liquidity with regard to the respective Underlying,<br />

or in case of Notes, whose Underlying consists of one or more indices, of one or more of the<br />

components of the Basket, at the Reference Stock Exchange is given, or (v) an appropriate adjustment<br />

to the changes occurred is not possible or not feasible in the opinion of the Issuer, the Issuer<br />

shall be entitled to (without being obliged to) redeem the Notes with a four Business Days notice.<br />

The redemption shall be effective on the date of notice pursuant to § 11. In case of a redemption,<br />

repayment shall be made three Business Days after the date of publication of the redemption at the<br />

last market price published for the Notes or at a price determined by the Issuer in its own reasonable<br />

discretion.<br />

(c) Rate of Interest. Due date. The formula for calculating the Rate of Interest for Notes linked to<br />

Underlyings (the “Rate of Interest”), observation period, starting value and the method of determination,<br />

as the case may be, barrier, determination date and/or other details regarding the calcula-<br />

59

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