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HVB DIP 2006-Title Summaryv13.DOC - UniCredit

HVB DIP 2006-Title Summaryv13.DOC - UniCredit

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28<br />

Share Linked Instruments<br />

Share Linked Instruments are debt securities which do not provide for predetermined redemption amounts and/or<br />

interest payments. Such amounts will depend on the market value of certain reference asset(s). Therefore, redemption<br />

amounts might be substantially less than the issue price or, as the case may be, the purchase price invested<br />

by the Instrumentholder. If the relevant reference asset is to be delivered instead of cash redemption, the<br />

value of such securities may also be substantially less than the issue price or, as the case may be, the purchase<br />

price invested by the Instrumentholder and may even be zero in which case the Instrumentholder may lose his<br />

entire investment. In case of Pfandbriefe the redemption amount may not be linked to the market value of a share<br />

or another reference asset. However, interest may be linked to a share. To such extent this paragraph also applies<br />

to Pfandbriefe.<br />

Share Linked Instruments are not in any way sponsored, endorsed, sold or promoted by the issuer of the reference<br />

asset and such issuer makes no warranty or representation whatsoever, express or implied, as to the future<br />

performance of the reference asset. Furthermore, the issuer of the reference asset does not assume any obligations<br />

to take the interests of the Issuer or those of the Instrumentholders into consideration for any reason. The<br />

issuer of the reference asset will not receive any of the proceeds of the offering of the Instruments made hereby<br />

and is responsible for, and has participated in, the determination of the timing of, prices for or quantities of, the<br />

Instruments. The investment in the Instruments does not result in any right to receive information from the issuer<br />

of the reference asset, to exercise voting rights or to receive distributions on the reference asset.<br />

Credit Linked Notes<br />

In the case of an early redemption of Credit Linked Notes due to the occurrence of a credit event, the price of the<br />

obligations of the Reference Entity may be significantly lower than the initial prices of the obligations of the<br />

Reference Entity.<br />

In purchasing Credit Linked Notes investors will have credit exposures to both the Issuer and the Reference Entities<br />

and their obligations. As will be set out more fully in the relevant Final Terms the Credit Linked Notes may<br />

be linked to the performance and creditworthiness of one or more Reference Entities and their obligations. An<br />

investment in such Credit Linked Notes is speculative and volatile and involves a high degree of risk. In certain<br />

circumstances, the Credit Linked Notes may cease to bear interest and, on redemption, holders of the Credit<br />

Linked Notes may be repaid none or only a proportion of their original investment.<br />

For Credit Linked Notes that are physically settled, holders may receive in lieu of any payment of principal, certain<br />

obligations of the Reference Entities which may have a market value substantially less than that of the initial<br />

investment of such holder. Investors should note that they may be required to take delivery of these obligations<br />

and should ensure that they have the legal capacity to receive such obligations on purchasing the Credit Linked<br />

Notes. The obligations may be denominated in a currency other than the Credit Linked Notes and the redemption<br />

amount with respect to a Credit Linked Note will be adversely affected by any reduction in the value of such<br />

currency relative to the currency of the Credit Linked Notes. Any relevant tax costs of transfer payable in respect<br />

of the delivery of such obligations will be for the account of the Noteholders.<br />

Neither the Issuer, the Dealer or any of their respective affiliates make any representation or give any warranty<br />

whatsoever with respect to the Reference Entities, including its creditworthiness, either at the time of issue of the<br />

Credit Linked Notes or at any time thereafter. Each prospective investor should inform itself about and evaluate<br />

the nature and financial condition of other parties involved in the issue, including each Reference Entity.<br />

The Issuer and any member of the <strong>HVB</strong> Group may be involved in trading transactions with respect the obligations<br />

of a Reference Entity in its normal course of business. In addition, the Issuer may hedge itself for protection<br />

against the risks which arise in connection with issue of the Notes by entering into hedging transactions in<br />

relation to the obligations of a Reference Entity. Both activities may have impact on the price of the obligations<br />

of a Reference Entity. In particular, it cannot be excluded that the entering into or the termination of such hedging<br />

transactions may have a negative effect on the price of the Notes or on the amount of the principal and/or the<br />

interest payable with respect of the Notes.<br />

None of the Issuer, the Dealer or any of their respective affiliates makes any representation as to the Reference<br />

Entity. Any of such persons may have acquired, or during the term of the Notes may acquire, non public information<br />

with respect to the Reference Entity that is or may be material in the context of the Credit Linked Notes.<br />

The issue of Credit Linked Notes will not create any obligation on the part of any such persons to disclose to the<br />

Noteholders or any other party such information (whether or not confidential).<br />

Investors should appreciate that they cannot rely, and will not at any time in the future be able to rely, on the<br />

Issuer, the Dealer or any of their respective affiliates to provide them with any information relating to, or to keep<br />

under review on their behalf, the business, financial condition, prospects, creditworthiness, status or affairs of the<br />

Reference Entities to conduct any investigation or due diligence with respect to the Reference Entities.

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