13.04.2013 Views

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(d) are payable by reason <strong>of</strong> a change in law that becomes effective more than 30 days after <strong>the</strong> relevant<br />

payment becomes due, or is provided for and notice <strong>the</strong>re<strong>of</strong> is given in accordance with § 11<br />

whichever occurs later; or<br />

(e) by or on behalf <strong>of</strong> a Noteholder which would have been able to avoid such withholding or deduction<br />

by presenting <strong>the</strong> Note to a Paying Agent in ano<strong>the</strong>r member state <strong>of</strong> <strong>the</strong> European Union.<br />

Any reference in <strong>the</strong>se Conditions to interest and/or principal shall be deemed also to refer to any additional<br />

amounts which may be payable under this § 6.<br />

(2) Without tax gross-up. In <strong>the</strong> case <strong>of</strong> Notes for which according to <strong>the</strong> Final Terms (item 40) no tax<br />

gross-up is payable, <strong>the</strong> following shall apply:<br />

All payments <strong>of</strong> principal and interest in respect <strong>of</strong> <strong>the</strong> Notes will 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 or 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 that withholding or deduction is already or shall in <strong>the</strong> future<br />

be required by law. In that event, <strong>the</strong> Issuer will make such deductions or withholding and pay <strong>the</strong><br />

amounts deducted or withheld to <strong>the</strong> competent authority.<br />

The Issuer will not be obliged to pay any additional amounts <strong>of</strong> principal and/or interest as a result <strong>of</strong><br />

such deduction or withholding.<br />

(3) Tax information. Information regarding <strong>the</strong> tax treatment <strong>of</strong> <strong>the</strong> Noteholders is contained in <strong>the</strong> <strong>base</strong><br />

<strong>prospectus</strong> <strong>of</strong> <strong>the</strong> EUR 3,000,000,000 debt issuance programme containing <strong>the</strong>se Terms and Conditions<br />

(<strong>the</strong> Prospectus), or, in <strong>the</strong> Final Terms (item 41). Investors with a residence in ano<strong>the</strong>r member state<br />

<strong>of</strong> <strong>the</strong> European Union than <strong>the</strong> Republic <strong>of</strong> Austria (<strong>the</strong> place <strong>of</strong> residence is deemed situated in such<br />

country which has issued <strong>the</strong> passport or identity card <strong>of</strong> <strong>the</strong> person obliged to pay taxes) should be aware<br />

that pursuant to <strong>the</strong> European Directive on <strong>the</strong> taxation <strong>of</strong> savings income, savings income may be subject<br />

to a taxation at <strong>the</strong> source.<br />

§ 7<br />

(Prescription)<br />

Claims against <strong>the</strong> Issuer for payments in respect <strong>of</strong> <strong>the</strong> Notes shall be prescribed and become void unless made<br />

within ten years (in respect <strong>of</strong> <strong>the</strong> principal) and within three years (in respect <strong>of</strong> interest).<br />

§ 8<br />

(Waiver <strong>of</strong> termination. Information obligations)<br />

(1) Waiver <strong>of</strong> termination. The Noteholders waive <strong>the</strong>ir ordinary right <strong>of</strong> termination <strong>of</strong> <strong>the</strong> Notes unless<br />

<strong>the</strong>se Conditions explicitly state o<strong>the</strong>rwise.<br />

§ 9<br />

(Agents)<br />

(1) Appointment. The Principal Paying Agent, <strong>the</strong> Paying Agent(s) and <strong>the</strong> Calculation Agent (toge<strong>the</strong>r <strong>the</strong><br />

Agents) and <strong>the</strong>ir <strong>of</strong>fices mean:<br />

Principal Paying Agent:<br />

The Principal Paying Agent determined in <strong>the</strong> Final Terms (item 50).<br />

Paying Agent:<br />

One (or more) Paying Agent(s) determined in <strong>the</strong> Final Terms (item 51).<br />

76

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!