EUR 3000000000 debt issuance programme, 10 ... - Volksbank AG
EUR 3000000000 debt issuance programme, 10 ... - Volksbank AG
EUR 3000000000 debt issuance programme, 10 ... - Volksbank AG
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§ 13<br />
(Further Issues)<br />
The Issuer reserves the right from time to time, without the consent of the Noteholders to issue additional notes<br />
with identical terms and conditions as the Notes (with the exception of previous interest payments, as the case<br />
may be) in all respects so as to be consolidated and form a single series with such Notes. The term “Notes” shall,<br />
in the event of such further issue, also comprise such further Notes.<br />
§ 14<br />
(Compartment Assets. Limited Recourse)<br />
(1) Notwithstanding any other provision of these Conditions, any liability of the Issuer to make payments<br />
under the Notes shall be limited to the funds available to the Issuer from time to time in respect<br />
of the assets designated as Compartment Assets in Part B No. 9 of the Final Terms, and the<br />
Issuer shall have no liability to make any payments under the Notes where such funds are not<br />
available to it, provided that:<br />
(a) where such Compartment Assets are designated as <strong>debt</strong> instruments, such as senior or subordinated<br />
bonds (i.e. "Subordinated Notes", "Supplementary Capital Notes" or "Subordinated<br />
Supplementary Capital Notes"), debentures, money-market instruments, bank deposits or<br />
any other interest bearing or non-interest bearing financial instruments, (the “Debt Instruments”),<br />
the following information shall be provided in Part B No. 9 of the Final<br />
Terms:<br />
- the obligor of such Debt Instrument (provided that such obligor shall be an Eligible<br />
Obligor of the Main Compartment Asset);<br />
- a description of such Debt Instrument, including (to the extent applicable) such<br />
Debt Instrument’s ISIN Number, nominal amount, subscription price, coupon,<br />
term, maturity date and redemption amount.<br />
“Eligible Obligor of the Main Compartment Asset” shall mean in respect of Debt Instruments:<br />
(1) VB<strong>AG</strong>; or<br />
(2) any other Austrian credit institution within the meaning of § 1(1)(9) or § 1(1)(<strong>10</strong>) of<br />
the Austrian Banking Act (or any other credit institution incorporated and duly licensed in<br />
the European Economic Area), provided that either:<br />
(i) the relevant Debt Instruments qualify as non-equity securities issued in a continuous<br />
or repeated manner which:<br />
- are not subordinated, convertible or exchangeable;<br />
- do not give a right to subscribe to or acquire other types of securities and are not<br />
linked to a derivative instrument;<br />
- materialise reception of repayable deposits; and<br />
- are either covered by a deposit guarantee scheme under Directive 94/19/EC, or<br />
where the total consideration of the offer is less than € 50,000,000, which limit<br />
shall be calculated over a period of twelve months<br />
(or are otherwise exempt from the obligation to publish a prospectus pursuant to<br />
§ 3 (1) Z 3 of the Austrian Capital Markets Act); or<br />
(ii) such credit institution has securities already admitted to trading on a regulated or<br />
equivalent market (provided that Part B No. 9 of the Final Terms shall specify the<br />
name, address, country of incorporation, nature of business and name of the market in<br />
which its securities are admitted); or<br />
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