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HVB DIP 2006-Title Summaryv13.DOC - UniCredit

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10<br />

or governmental charges of whatever kind levied or imposed by<br />

or in the Federal Republic of Germany ("Germany") and (in the<br />

case of Instruments issued through a foreign branch of HypoVereinsbank)<br />

the jurisdiction in which such branch is established<br />

unless there is an obligation by law to make such deduction or<br />

withholding. In that event, the Issuer will pay such additional<br />

amounts as may be necessary to ensure the receipt by the Noteholders<br />

of the full amount stated on the Instruments, subject to<br />

customary exceptions.<br />

Pfandbriefe will not provide for the obligation of the Issuer to<br />

pay such additional amounts in the event of taxes or duties being<br />

withheld or deducted from payments of principal or interest as<br />

aforesaid.<br />

Certificates and Warrants will also not provide for the obligation<br />

of the Issuer to pay such additional amounts in the event of taxes<br />

or duties being withheld or deducted from payments of principal<br />

or interest as aforesaid.<br />

Status of the Instruments:<br />

Negative Pledge:<br />

Cross Default:<br />

Listing:<br />

Clearing:<br />

If the Notes are unsubordinated Notes, as set forth in the Final<br />

Terms, or, the Terms and Conditions (Notes), as applicable, the<br />

Notes will constitute direct, unconditional, unsecured and unsubordinated<br />

obligations of the Issuer and will rank at least pari<br />

passu with the claims of all other unsecured creditors of it other<br />

than those claims which are expressly preferred by law.<br />

Pfandbriefe will constitute unsubordinated obligations of the Issuer<br />

and will rank pari passu among themselves and (i) in the<br />

case of Public Sector Pfandbriefe at least pari passu with all<br />

other obligations of the Issuer under Public Sector Pfandbriefe<br />

and (ii) in the case of Mortgage Pfandbriefe at least pari passu<br />

with all other obligations of the Issuer under Mortgage Pfandbriefe.<br />

Pfandbriefe are covered, however, by separate pools of<br />

public loans (in the case of Public Sector Pfandbriefe) or mortgage<br />

loans (in the case of Mortgage Pfandbriefe).<br />

Certificates and Warrants will constitute direct, unconditional,<br />

unsecured and unsubordinated obligations of the Issuer and will<br />

rank at least pari passu with the claims of all other unsecured<br />

creditors of it other than those claims which are expressly preferred<br />

by law.<br />

If the Notes are subordinated Notes, as set forth in the Final<br />

Terms or, in the Terms and Conditions (Notes), as applicable, (i)<br />

the Notes will constitute direct, unconditional, unsecured and<br />

subordinated obligations of the Issuer and will rank at least pari<br />

passu with the claims of all other unsecured, subordinated creditors<br />

of it and (ii) the claims arising from the Notes are subordinated<br />

to the claims of all other creditors of the Issuer which are<br />

not also subordinated, as shown in Condition 4 of the Terms and<br />

Conditions.<br />

None.<br />

None.<br />

Application has been made for the Notes to be admitted to listing<br />

and trading on the regulated market of the Luxembourg Stock<br />

Exchange. Instruments may be admitted to listing and trading on<br />

any EEA or other stock exchange. The Issuer may elect whether<br />

Instruments are issued with or without a listing (as indicated in<br />

the applicable Final Terms).<br />

Credit Linked Notes will be listed by means of a draw-down prospectus,<br />

prospectus supplement or Final Terms.<br />

Instruments may be cleared through either Euroclear Bank<br />

S.A./N.V. as operator of the Euroclear system ("Euroclear") and<br />

Clearstream Banking societe anonyme, Luxembourg ("Clear-

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