I This document constitutes the base prospectus of ... - Volksbank AG
I This document constitutes the base prospectus of ... - Volksbank AG
I This document constitutes the base prospectus of ... - Volksbank AG
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(d) In <strong>the</strong> case <strong>of</strong> application <strong>of</strong> <strong>the</strong> Preceding Business Day Convention <strong>the</strong> date shall be brought<br />
forward to <strong>the</strong> immediately preceding Business Day.<br />
(5) References. References in <strong>the</strong>se Conditions to principal in respect <strong>of</strong> <strong>the</strong> Notes shall be deemed to include,<br />
as applicable: <strong>the</strong> Redemption Amount <strong>of</strong> <strong>the</strong> Notes, <strong>the</strong> Early Redemption Amount <strong>of</strong> <strong>the</strong> Notes,<br />
<strong>the</strong> Optional Redemption Amount <strong>of</strong> <strong>the</strong> Notes, <strong>the</strong> Amortised Face Amount <strong>of</strong> <strong>the</strong> Notes, and any premium<br />
and any o<strong>the</strong>r amounts which may be payable under or in respect <strong>of</strong> <strong>the</strong> Notes. Any reference in<br />
<strong>the</strong>se Conditions to principal or interest will be deemed to include any additional amounts in respect <strong>of</strong><br />
principal or interest (e.g. pursuant to § 6) which may be due and payable.<br />
(6) Deposition with a court. The Issuer may deposit with <strong>the</strong> competent court principal or interest amounts<br />
not claimed by Noteholders within twelve months after <strong>the</strong> relevant due date, even if such Noteholders<br />
may not be in a default <strong>of</strong> acceptance <strong>of</strong> payment. If and to <strong>the</strong> extent that <strong>the</strong> deposit is effected and <strong>the</strong><br />
right <strong>of</strong> withdrawal is waived, <strong>the</strong> respective claims <strong>of</strong> such Noteholders against <strong>the</strong> Issuer shall cease.<br />
(7) Default interest. When <strong>the</strong> Issuer does not perform a due payment under <strong>the</strong> Notes because <strong>of</strong> whatsoever<br />
reason, <strong>the</strong> outstanding amount shall bear default interest <strong>of</strong> two percentage points above <strong>the</strong> <strong>base</strong> interest<br />
rate from and including <strong>the</strong> due date to and excluding <strong>the</strong> date <strong>of</strong> complete payment. According to<br />
sec 1333 para 2 <strong>of</strong> <strong>the</strong> Austrian General Civil Code, <strong>the</strong> <strong>base</strong> interest rate applicable on <strong>the</strong> last calendar<br />
day <strong>of</strong> a mid-year shall be applicable for <strong>the</strong> next mid-year.<br />
§ 6<br />
(Taxation)<br />
(1) With tax gross-up. In <strong>the</strong> case <strong>of</strong> Notes for which according to <strong>the</strong> Final Terms (item 40) tax gross-up is<br />
payable, <strong>the</strong> following shall apply:<br />
All payments <strong>of</strong> principal and/or interest in respect <strong>of</strong> <strong>the</strong> Notes shall be made free and clear <strong>of</strong>, and without<br />
withholding or deduction for, any taxes, duties, assessments or governmental charges <strong>of</strong> whatever nature<br />
imposed, levied, collected, withheld, assessed under any applicable system <strong>of</strong> law or in any country<br />
which claims fiscal jurisdiction by, or for <strong>the</strong> account <strong>of</strong>, any political subdivision <strong>the</strong>re<strong>of</strong> or government<br />
agency <strong>the</strong>rein authorized to levy taxes, unless such withholding or deduction is required by law. In that<br />
event <strong>the</strong> Issuer shall pay such additional amounts as will result in receipt by <strong>the</strong> Noteholders <strong>of</strong> such<br />
amounts as would have been received by <strong>the</strong>m had no such withholding or deduction been required, except<br />
that no such additional amounts shall be payable in respect <strong>of</strong> <strong>the</strong> Notes on account <strong>of</strong> any taxes, duties<br />
assessments or governmental charges, which:<br />
(a) are payable by any person acting as custodian bank or collecting agent on behalf <strong>of</strong> <strong>the</strong> Noteholders,<br />
or o<strong>the</strong>rwise in any manner which does not constitute a deduction or withholding by <strong>the</strong> Issuer<br />
from payments <strong>of</strong> principal and/or interest made by it; or<br />
(b) are payable by reason <strong>of</strong> <strong>the</strong> Noteholder having or having had, some personal or business connection<br />
with <strong>the</strong> Grand Duchy <strong>of</strong> Luxembourg and/or any o<strong>the</strong>r jurisdiction from which <strong>the</strong> Issuer<br />
makes, or is deemed to make, payments under <strong>the</strong> Notes, and not merely by reason <strong>of</strong> <strong>the</strong> fact that<br />
payments in respect <strong>of</strong> <strong>the</strong> Notes are, or for purposes <strong>of</strong> taxation are deemed to be, derived from<br />
sources in <strong>the</strong> Grand Duchy <strong>of</strong> Luxembourg and/or such o<strong>the</strong>r jurisdiction; it being understood that<br />
<strong>the</strong> Austrian Kapitalertragsteuer (capital-yields tax), as in effect at <strong>the</strong> time <strong>of</strong> <strong>the</strong> issue <strong>of</strong> <strong>the</strong><br />
Notes, is a tax falling under this sub-paragraph (b) and with respect to which, accordingly, no additional<br />
amounts will be payable; or<br />
(c) where such deduction or withholding is imposed on a payment to an individual and is required to<br />
be made pursuant to European Council Directive 2003/48/EC or any o<strong>the</strong>r European Union directive<br />
implementing <strong>the</strong> conclusions <strong>of</strong> <strong>the</strong> ECOFIN Council meeting <strong>of</strong> 26-27 November 2000 on<br />
<strong>the</strong> taxation <strong>of</strong> savings income or any law implementing or complying with, or introduced in order<br />
to conform to, such directive; or<br />
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