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

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(iii) such credit institution meets each of the following requirements (determined as<br />

per its most recent annual financial statements published prior to the <strong>issuance</strong> of the<br />

relevant Debt Instrument):<br />

- its total assets are at least € 250,000,000; and<br />

- its total own funds within the meaning of § 23 of the Austrian Banking Act, are at<br />

least € 20,000,000,<br />

(provided that Part B No. 9 of the Final Terms shall specify this information if applicable,<br />

and shall further specify such information in respect of such credit institution as<br />

if such credit institution were an issuer drafting a Registration Document, as defined<br />

by Commission Regulation (EC) No. 809/2004, for <strong>debt</strong> and derivative securities with<br />

an individual denomination of at least € 50,000); or<br />

(3) the Austrian federation, any Austrian province, an Austrian municipality, the Austrian<br />

national bank, or any other member state of the European Economic Area and their provincial<br />

governments, municipalities and central banks, or any other person where the relevant<br />

Debt Instrument has been unconditionally and irrevocably guaranteed by any one of<br />

the previously mentioned authorities, or the European Central Bank or any international<br />

organisation constituted under public law of which Austria is a member (and in each case,<br />

to the extent only that no obligation to publish a prospectus would apply to the <strong>issuance</strong><br />

by such entities of the relevant Debt Instrument pursuant to § 3 of the Austrian Capital<br />

Markets Act); or<br />

(4) any other member state of the Organisation for Economic Cooperation and Development<br />

(OECD), or any political subdivision thereof, provided that such member state or<br />

political subdivision shall, at the time of issue of the relevant Notes, have a senior unsecured<br />

rating from Moody’s Investors Service Limited of “A2” or higher, and/or Standard<br />

& Poor’s of “AA” or higher;<br />

(b) where such Compartment Assets are designated as equity instruments, such as shares,<br />

share-like transferable instruments, other instruments which represent one or more, or may<br />

be converted into or swapped for shares or such instruments which provide for a different<br />

method by which shares or other, transferable share-like instruments could be acquired or<br />

subscribed, or any combination thereof, (the “Equity Instruments”), such Equity Instruments<br />

are admitted to trading on a regulated or equivalent market, and the following information<br />

shall be provided in Part B No. 9 of the Final Terms:<br />

(i) a description of such Equity Instruments;<br />

(ii) a description of the market in which they are traded including its date of establishment,<br />

how price information is published, an indication of daily trading volumes,<br />

information as to the standing of the market in the country and the name of<br />

the market’s regulatory authority; and<br />

(iii) the frequency with which prices of the relevant securities are published;<br />

(c) where such Compartment Assets are designated as fund instruments, such as investment<br />

fund units (the “Fund Instruments”), such Fund Instruments are admitted to trading on a<br />

regulated or equivalent market, and the following information shall be provided in Part B<br />

No. 9 of the Final Terms:<br />

(i) a description of such Fund Instruments;<br />

(ii) a description of the market in which they are traded including its date of establishment,<br />

how price information is published, an indication of daily trading volumes,<br />

information as to the standing of the market in the country and the name of<br />

the market’s regulatory authority; and<br />

(iii) the frequency with which prices of the relevant securities are published; and<br />

74

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