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Scope - Clearstream

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2.2.1.3.<br />

N EW ISSUES - MARKET PRACTICE BOOK<br />

for issuance under Programme:<br />

• the IPA providing the ICSDs with the final Base Prospectus of the Programme on<br />

closing date +1 Business Day of the first issuance under Programme, as per the ICMA<br />

Guidance Note; and<br />

• the IPA providing the ICSDs with the Final Terms of the issuance under Programme on<br />

closing date +1 Business Day, as per the ICMA Guidance Note.<br />

For end-to-end flow please refer to section 1.2.3. New issues final documentation flows.<br />

For the sending of Final Documentation, please refer to the Naming Convention<br />

recommendation (see Annex 7).<br />

Updated documentation after issuance<br />

Updates to documentation after issuance should be provided in an easily analysable and<br />

comprehensible form, as per art.20 of the EU Prospectus Directive (see Annex 3).<br />

It must be communicated by the Issuer or its appointed party (LM/Legal Counsel/PPA)<br />

to all intermediaries (Issuer’s Agents/CD/CSP/ICSDs) to allow for timely settlement and<br />

effective asset servicing throughout the lifetime of a security, so that investors can make<br />

the appropriate investment decisions.<br />

Updates to final T&C are usually processed via the following methods:<br />

• Manifest errors 3<br />

• Consent of investor 4<br />

• Noteholders’ meetings<br />

Updates and changes linked to information outside the scope of the T&C should<br />

be communicated in advance by the Issuer to the intermediaries (Issuers’ Agents/CD/CSP/<br />

ICSDs) for an impact assessment in terms of asset servicing.<br />

3 In this Market Practice Book the term ‘manifest errors’ shall include, besides errors obvious on the face of the<br />

document, any other modifications made pursuant to the Trustee/Agent power under T&C (without holder consent).<br />

4 In closely held issues it is possible to get all investors to consent without the need for a meeting.<br />

21

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