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

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decision either in the Specified Currency or in one of the repayment currencies determined in the Final<br />

Terms (item 8), in which case the Issuer will publish its decision pursuant to § 11 at the latest five Business<br />

Days prior to the due date.<br />

(2) Payments. Payment of capital and interest shall be made, subject to applicable fiscal and other laws and<br />

regulations, via the Paying Agent(s) to the Clearing Systems or to their order for credit to the relevant institution<br />

managing the account of the Noteholders. The Issuer shall be discharged from its payment obligation<br />

vis-à-vis the Noteholders by payment to, or to the order of, the Paying Agent(s) in the amount of<br />

payment effected. A payment on the Notes is considered to be in time if it arrives on the due date of the<br />

respective payment on the accounts of the Paying Agent(s).<br />

(3) Payments on Supplementary Capital Notes and Subordinated Supplementary Capital Notes. In the<br />

case of Supplementary Capital Notes or Subordinated Supplementary Capital Notes, payments of interest<br />

shall only be made if the amount of interest due is covered by the surplus accruing during the then current<br />

fiscal year (for the avoidance of doubt, before reserve movement) (section 23 para 7 of the Austrian<br />

Banking Act). In the case of Supplementary Capital Notes, the right to receive such interest shall lapse in<br />

respect of the amount of interest not covered by such surplus of the then current financial year.<br />

(4) Payments on a Business Day. If the due date for payment of any amount in respect of any Note is not a<br />

Business Day, the due date will be postponed according to the Following Business Day Convention (as<br />

defined below), unless the Final Terms (item 7) provide for another adjustment rule. In such a case, the<br />

Noteholder shall have no right to payment prior to the adjusted due date. The Noteholder shall not be entitled<br />

to further interest or any other payment in respect of such deferral.<br />

Business Day means a day which is a day (other than a Saturday or a Sunday) on which (i) the Clearing<br />

System operates, (ii) the banks in the relevant financial centre(s) (see item 39 of the Final Terms) are<br />

open for commercial operations (including foreign exchange business and foreign currency deposit business)<br />

and, in the case the Specified Currency (or one of the Specified Currencies) is Euro, (iii) all relevant<br />

parts of the Trans-European Automated Real-Time Gross Settlement Express Transfer (“TARGET”) System<br />

for the settlement of payments are operating. A TARGET-Business Day means a day on which the<br />

Trans-European Automated Real-time Gross settlement Express Transfer (TARGET) System is operating.<br />

Where adjustments with regard to certain dates (e.g. Interest Payment Dates, determination dates, observation<br />

dates, etc) in these Conditions and/or the Final Terms are required, the following definitions shall<br />

apply:<br />

(a) In the case of application of the Following Business Day Convention the date is postponed to the<br />

next day which is a Business Day.<br />

(b) In the case of application of the Modified Following Business Day Convention the date is postponed<br />

to the next day which is a Business Day unless it would thereby fall into the next calendar<br />

month, in which event the payment date shall be the immediately preceding Business Day.<br />

(c) In the case of application of the Floating Rate Convention (“FRN Convention”) (which shall only<br />

be used to adjust Interest Payment Dates) the date is postponed to the next day which is a Business<br />

Day unless it would thereby fall into the next calendar month, in which event (i) the Interest Payment<br />

Date shall be the immediately preceding Business Day and (ii) each subsequent Interest<br />

Payment Date shall be the last Business Day in the month which falls into the specified interest<br />

period (item 26 of the Final Terms) after the preceding applicable Interest Payment Date.<br />

(d) In the case of application of the Preceding Business Day Convention the date shall be brought<br />

forward to the immediately preceding Business Day.<br />

(5) References. References in these Conditions to principal in respect of the Notes shall be deemed to include,<br />

as applicable: the Redemption Amount of the Notes, the Early Redemption Amount of the Notes,<br />

the Optional Redemption Amount of the Notes, the Amortised Face Amount of the Notes, and any pre-<br />

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