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COMMERZBANK AKTIENGESELLSCHAFT

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(3) it has complied and will comply with all applicable provisions of the FSMA with respect<br />

to anything done by it in relation to any Notes in, from or otherwise involving the United<br />

Kingdom.<br />

4 Switzerland<br />

Unless explicitly stated otherwise in the relevant Final Terms, the Notes will not be publicly<br />

offered in Switzerland, as such term is defined or interpreted under the Swiss Code of<br />

Obligations and under the Swiss Collective Investment Schemes Act. The Programme does<br />

therefore neither constitute an issuance prospectus in the sense of article 652a or 1156 of the<br />

Swiss Code of Obligations nor a simplified prospectus in the sense of article 5 of the Swiss<br />

Collective Investment Schemes Act. The Notes do not constitute a participation in a collective<br />

investment scheme nor do they constitute structured products in the meaning of the Swiss<br />

Collective Investment Schemes Act. The Notes are neither subject to approval nor supervision<br />

by the Swiss Financial Market Supervisory Authority FINMA. Accordingly, holders of the Notes<br />

do not benefit from protection under the Swiss Collective Investment Schemes Act or<br />

supervision by the Swiss Financial Market Supervisory Authority FINMA<br />

5 General<br />

Each dealer has acknowledged that no representation is made by any of the Issuers or any<br />

dealer that any action has been or will be taken in any jurisdiction by the Issuer or any dealer<br />

that would permit a public offering of the Notes, or possession or distribution of the Prospectus<br />

or any other offering material, in any country or jurisdiction where action for that purpose is<br />

required. Each dealer will (to the best of its knowledge after due and careful enquiry) comply<br />

with all applicable securities laws and regulations in each jurisdiction in which it purchases,<br />

offers, sells or delivers Notes or has in its possession or distributes the Prospectus or any<br />

other offering material, in all cases at its own expense.<br />

225

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