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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 />

73

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