Prospectus UBI Banca Covered Bond Programme
Prospectus UBI Banca Covered Bond Programme
Prospectus UBI Banca Covered Bond Programme
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<strong>Prospectus</strong><br />
Finally the Prepayment Penalty Agreement sets out specific solutions with respect to hybrid rate loans which are<br />
meant to apply to the hybrid rates the provisions, as more appropriate, relating respectively to fixed rate and<br />
variable rate loans.<br />
In relation to the provisions of the Prepayment Penalty Agreement, it is expected that further interpretative and<br />
supplemental indications may be issued, the specific impact of which cannot be accurately anticipated at this<br />
time.<br />
The Bersani Decree moreover includes other miscellaneous provisions relating to mortgage loans which include,<br />
inter alia, simplified procedures meant to allow a more prompt cancellation of mortgages securing loans granted<br />
by banks or financial intermediaries in the event of a documented repayment in full by the debtors of the<br />
amounts due under the loans. While such provisions do not impact on the monetary rights of the lenders under<br />
the loans (lenders retain the right to oppose the cancellation of a mortgage), the impact on the servicing<br />
procedures in relation to the applicable loan agreements cannot be entirely assessed at this time.<br />
Italian Law Decree number 185 of 29 November 2009, as converted into law by the Italian Law number 2 of 28<br />
January 2009 "Misure urgenti per il sostegno a famiglie, lavoro, occupazione e impresa per ridisegnare in<br />
funzione anti-crisi sul quadro strategico nazionale" (the "Anti-crisis Decree") has provided for a number of<br />
measures aimed at the alleviation of the effects of the global financial crisis on the Italian economy.<br />
Under article 2 of the Anti-crisis Decree, the amount of the instalments payable during 2009 by borrowers under<br />
mortgage loans granted prior to 31 October 2008 for the purchase, construction or renovation of their primary<br />
residence (mutui prima casa) (other than for villas, castles, luxury residences and residences with specific artistic<br />
or historical value (i.e. residences with cadastral code A1, A8 and A9)) is calculated by reference to the higher of<br />
4 per cent. (without spread, expenses or any other form of margin) and the interest rate contractually agreed and<br />
applicable on the date of execution of the relevant mortgage loan agreement. The difference, if any, between the<br />
amount so calculated and the amount which would have been otherwise due according to the relevant mortgage<br />
loan agreement (the "Difference") will be paid by the lending institution and ultimately borne by the Italian<br />
State. Regulation number 117852 issued on 29 December 2008 by the Ministry of Economy and Finance has<br />
clarified that, in case of mortgage loans which have been the subject of a securitisation or covered bond<br />
transaction, such Difference shall be paid by the relevant seller or by the "soggetto incaricato della riscossione<br />
dei crediti ceduti e dei servizi di cassa e pagamento" pursuant to the Italian Securitisation and <strong>Covered</strong> <strong>Bond</strong><br />
Law.<br />
Regulation number 11434 issued on 13 February 2009 by the Ministry of Economy and Finance has clarified<br />
that the Difference shall be paid on the date falling on the scheduled instalment date of the relevant mortgage<br />
loan.<br />
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