Barclays, Base Prospectus 2006
Barclays, Base Prospectus 2006
Barclays, Base Prospectus 2006
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SUPPLEMENT TO THE GENERAL TERMS AND CONDITIONS OF THE NOTES<br />
FOR CREDIT LINKED NOTES<br />
The general Terms and Conditions shall be supplemented or amended by inserting the provisions set<br />
out below. The definitions used in these Supplemental Terms and Conditions will be further amended<br />
and supplemented by the definitions set out in the Final Terms.<br />
Credit Linked Notes will not be issued as securities which could be qualified as "Asset backed<br />
securities" in the meaning of article 2(5) of the Commission Regulation (EC) No 809/2004 of 29 April<br />
2004.<br />
§4a<br />
(Definitions)<br />
"Bankruptcy" means a Reference Entity (i) is dissolved (other than pursuant to a consolidation,<br />
amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails or admits in<br />
writing in a judicial, regulatory or administrative proceeding or filing its inability generally to pay its<br />
debts as they become due; (iii) makes a general assignment, arrangement or composition with or for the<br />
benefit of its creditors; (iv) institutes or has instituted against it a proceeding seeking a judgement of<br />
insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar<br />
law affecting creditors' rights, or a petition is presented for its winding-up or liquidation, and, in the<br />
case of any such proceeding or petition instituted or presented against it, such proceeding or petition<br />
(A) results in a judgement of insolvency or bankruptcy or the entry of an order for relief or the making<br />
of an order for its winding-up or liquidation or (B) is not dismissed, discharged, stayed or restrained in<br />
each case within thirty calendar days of the institution or presentation thereof; (v) has a resolution<br />
passed for its winding-up, official management or liquidation (other than pursuant to a consolidation,<br />
amalgamation or merger); (vi) seeks or becomes subject to the appointment of an administrator,<br />
provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all<br />
or substantially all its assets; (vii) has a secured party take possession of all or substantially all its assets<br />
or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on<br />
or against all or substantially all its assets and such secured party maintains possession, or any such<br />
process is not dismissed, discharged, stayed or restrained, in each case within thirty calendar days<br />
thereafter; or (viii) causes or is subject to any event with respect to it which, under the applicable laws<br />
of any jurisdiction, has an analogous effect to any of the events specified in clauses (i) to (vii)<br />
(inclusive).<br />
"Credit Event" means any one or more of [Bankruptcy, Failure to Pay, Obligation Acceleration,<br />
Obligation Default, Repudiation/Moratorium or Restructuring] [, as specified in the Final Terms,]<br />
which is determined by the Determination Agent as having occurred.<br />
"Credit Event Notice" means an irrevocable notice delivered by the Determination Agent to the<br />
Noteholders in accordance with §12 (which the Determination Agent has the right but not the<br />
obligation to deliver) that describes a Credit Event that occurred during the Reference Period. A Credit<br />
Event Notice must contain a description in reasonable detail of the facts relevant to the determination<br />
that a Credit Event has occurred. The Credit Event that is subject to the Credit Event Notice need not<br />
be continuing on the date the Credit Event Notice is effective.<br />
"Credit Event Redemption Date" means, if a Credit Linked Redemption Amount is specified as an<br />
amount in [specify currency] [in the Final Terms], the tenth Business Day following a Credit Event<br />
Notice [and a Notice of Publicly Available Information], or, if a Credit Linked Redemption Amount is<br />
not specified as an amount in [specify currency] in the Final Terms, the tenth Business Day after the<br />
determination of the Final Price.<br />
"Credit Linked Redemption Amount" means an amount per Specified Denomination [, which shall<br />
never be less than the Protection Amount, and] which shall be [specify amount] [the principal amount<br />
per Specified Denomination minus the greater of (i) zero or (ii) the principal amount per Specified<br />
Denomination multiplied by the difference between the Reference Price and the Final Price] [specify<br />
different formula].