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INDEX OF DEFINED TERMS - Banca di Legnano

INDEX OF DEFINED TERMS - Banca di Legnano

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Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:06 – eprint6 – 4247 Section 05<br />

all relevant unmatured Talons, if any, will become void and no further Coupons will be issued in respect of<br />

that Bearer Note.<br />

In the case of Floating-Rate Notes, upon any Bearer Note becoming due and payable prior to its<br />

Maturity Date, any related unmatured Coupons (whether or not attached), shall become void and no<br />

payment or, as the case may be, exchange for further Coupons, shall be made in respect of those Bearer<br />

Notes.<br />

Upon the date on which any Bearer Note becomes due and repayable, unmatured Receipts, if any,<br />

relating thereto (whether or not attached), shall become void and no payment shall be made in respect<br />

thereof. Payment of the final installment will be made as provided in Con<strong>di</strong>tion 5(a) above against<br />

surrender of the relevant Bearer Notes.<br />

If the due date for redemption of any Bearer Note is not a Fixed Interest Payment Date or an<br />

Interest Payment Date, interest, if any, accrued in respect of such Bearer Note, from (and inclu<strong>di</strong>ng) the<br />

prece<strong>di</strong>ng Fixed Interest Payment Date or Interest Payment Date or, as the case may be, the Interest<br />

Commencement Date, shall be payable only against surrender of the relevant Bearer Note.<br />

Except as provided in Con<strong>di</strong>tion 5(c), payments of principal, premium, if any, interest, or any other<br />

amounts payable on, or deliveries in respect of, a Bearer Global Note, will be made as specified above for<br />

Bearer Notes and otherwise as specified in the relevant Bearer Global Note outside the United States and<br />

its possessions against presentation or surrender, as the case may be, of such Bearer Global Note, and<br />

payments on any Bearer Note will be made at the specified office of any Paying Agent outside the United<br />

States and its possessions. The Paying Agent will record on each Bearer Global Note in CGN form each<br />

payment made against presentation or surrender of such Bearer Global Note, <strong>di</strong>stinguishing between any<br />

payment of principal, premium, if any, interest, or any other amounts payable, and such record shall be<br />

prima facie evidence that the payment has been made.<br />

So long as any of the Notes are represented by a Bearer Global Note or a Registered Global<br />

Certificate held on behalf of the Relevant Clearing System, each person who is shown in the records of the<br />

Relevant Clearing System as the holder of a particular nominal amount of such Notes (any certificate or<br />

other document issued by the Relevant Clearing System as to the nominal amount of Notes stan<strong>di</strong>ng on the<br />

account of any person shall be conclusive and bin<strong>di</strong>ng for all purposes, except in the case of manifest<br />

error) shall be treated by the Issuer, the Principal Agent, and any other Paying Agent as the holder of such<br />

nominal amount of such Notes for all purposes, except with respect to the payment of principal, premium,<br />

if any, interest, or any other amounts payable on, or deliveries in respect of, the Notes, the bearer of the<br />

relevant Bearer Global Note or, in the case of a Registered Global Note, the person or persons for the time<br />

being shown in the Register maintained by the Registrar as the Noteholder or Noteholders, shall be treated<br />

by the Issuer, the Principal Agent, and any Paying Agent as the holder of such Notes in accordance with<br />

and subject to the terms of the relevant Global Note.<br />

(e)<br />

Payment Business Day<br />

Terms and Con<strong>di</strong>tions of the Notes<br />

If the due date for payment of any amount in respect of any Note, Receipt, or Coupon is not a<br />

Payment Business Day, the holder of the Notes shall not be entitled to payment of the amount due until (i)<br />

if “Following” is specified in the applicable Final Terms, the next following Payment Business Day or (ii),<br />

if “Mo<strong>di</strong>fied Following” is specified in the applicable Final Terms, the next following Payment Business<br />

Day unless that Payment Business Day falls in the next calendar month, in which case the first prece<strong>di</strong>ng<br />

Payment Business Day. The holder of the Notes shall not be entitled to further interest or other payment in<br />

respect of such delay or amendment. For these purposes, unless otherwise specified in the applicable Final<br />

Terms, “Payment Business Day” means any day (other than a Saturday or Sunday) on which commercial<br />

banks and foreign exchange markets settle payments and are open for general business (inclu<strong>di</strong>ng dealing<br />

in foreign exchanges and foreign currency deposits) in:<br />

71

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