18.01.2015 Views

INDEX OF DEFINED TERMS - Banca di Legnano

INDEX OF DEFINED TERMS - Banca di Legnano

INDEX OF DEFINED TERMS - Banca di Legnano

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:03 – eprint6 – 4247 Section 04<br />

Form of the Notes<br />

FORM <strong>OF</strong> THE NOTES<br />

Each Note will be evidenced by, in the case of Notes issued in bearer form, a Bearer Temporary<br />

Global Note, a Bearer Permanent Global Note, a Bearer Definitive Note, or, in the case of Notes issued in<br />

registered form, a Registered Global Certificate or a Registered Definitive Certificate, as the case may be,<br />

together with the attached or incorporated Terms and Con<strong>di</strong>tions of the Notes and the applicable Final<br />

Terms.<br />

Bearer Notes<br />

Unless otherwise agreed by the Issuer and the relevant Dealers, each Tranche of Notes in bearer<br />

form will initially be represented by one or more Bearer Temporary Global Notes without receipts, interest<br />

coupons, or talons. The Bearer Temporary Global Note, which will be delivered on or prior to the issue<br />

date of the relevant Tranche of Notes to (1) the Common Safekeeper (if the Bearer Temporary Global Note<br />

is intended to be issued in NGN form, as stated in the applicable Final Terms) for the Relevant Clearing<br />

System or (2) the Common Depositary (if the Bearer Temporary Global Note is intended to be issued in<br />

CGN form) for the Relevant Clearing System. While any Note is represented by a Bearer Temporary<br />

Global Note, payments of principal, premium, if any, interest, or any other amounts, due prior to the date<br />

determined in accordance with the Agency Agreement (as defined herein) (the “Exchange Date”) which<br />

generally is 40 calendar days after a Bearer Temporary Global Note is issued, will be made (against<br />

presentation of the Bearer Temporary Global Note if the Bearer Temporary Global Note is issued in CGN<br />

form) only if a tax certification has been received. The tax certification, in a form to be provided, will state<br />

that the beneficial owners of such Note are not United States persons or persons who have purchased for<br />

resale to any United States person (as required by U.S. Treasury Regulations) and must be received by a<br />

Relevant Clearing System. In turn, such Relevant Clearing System must give to the Principal Agent a like<br />

certificate based on the certifications it has received.<br />

The NGN form has been introduced to allow for the possibility of Bearer Notes to be issued and<br />

held in a manner which will permit them to be recognized as eligible collateral for monetary policy of the<br />

central banking system for the euro (the “Eurosystem”) and intra-day cre<strong>di</strong>t operations by the Eurosystem<br />

either upon their issue or at any other time prior to the applicable Maturity Date. However, such<br />

recognition will depend upon satisfaction of the Eurosystem eligibility criteria.<br />

If any Bearer Global Note (which term includes both Bearer Temporary Global Notes and Bearer<br />

Permanent Global Notes) is issued in CGN form, upon the initial deposit of a Bearer Global Note with the<br />

Common Depositary, the Relevant Clearing System will cre<strong>di</strong>t each subscriber with a nominal amount of<br />

Notes equal to the nominal amount thereof for which it has subscribed and paid. If any Bearer Global Note<br />

is issued in NGN form, the nominal amount of the Notes shall be the aggregate amount from time to time<br />

entered in the records of the Relevant Clearing System. The records of the Relevant Clearing System shall<br />

be conclusive evidence of the nominal amount of Notes represented by a Bearer Global Note issued in<br />

NGN form and a statement issued by such clearing system at any time shall be conclusive evidence of the<br />

records of the Relevant Clearing System at that time.<br />

On and after the Exchange Date, interests in the Bearer Temporary Global Note will be<br />

exchangeable (free of charge to the Noteholder) upon a request either for interests in a Bearer Permanent<br />

Global Note, without receipts, interest coupons, or talons or, under the circumstances described in the<br />

Terms and Con<strong>di</strong>tions, for Bearer Definitive Notes (as in<strong>di</strong>cated in the applicable Final Terms and subject,<br />

in the case of Bearer Definitive Notes, to such notice period as is specified in the Terms and Con<strong>di</strong>tions or<br />

the applicable Final Terms), in each case against certification of beneficial ownership as described above<br />

unless such certification previously has been given. The holder of a Bearer Temporary Global Note will<br />

not be entitled to collect any payment of interest, principal, premium, if any, or any other amounts due on<br />

or after the Exchange Date.<br />

50

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!