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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 />

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

(2) make payments due to be made in the Base Currency in the Subject Currency,<br />

<strong>di</strong>sregar<strong>di</strong>ng any obligation to convert amounts into the Base Currency;<br />

(3) in the case of Share Linked Notes, deliver the Shares in lieu of cash settlement;<br />

or<br />

(4) in the case of Share Linked Notes which reference a basket of Shares, elect to<br />

satisfy in part its obligation to pay the amounts as may be due and payable<br />

under the relevant Notes by making a partial payment(s) or partial deliveries, as<br />

the case may be (the “Partial Distributions”). Any Partial Distribution made by<br />

the Issuer to the Noteholders will be calculated and/or determined by the<br />

Calculation Agent in its sole and absolute <strong>di</strong>scretion and shall be paid and/or<br />

delivered to the Noteholders pro rata (as far as possible, subject to any<br />

necessary adjustments for roun<strong>di</strong>ng) to the proportion of the Notes of the same<br />

series held by the relevant Noteholder. In the event that any Partial Distribution<br />

is made by the Issuer, the Calculation Agent may, in its sole and absolute<br />

<strong>di</strong>scretion, make any such correspon<strong>di</strong>ng adjustment to any variable relevant to<br />

the redemption or payment terms of the relevant Notes as it deems necessary<br />

and shall notify the relevant Noteholders thereof in accordance with Con<strong>di</strong>tion<br />

14.<br />

Any payments or deliveries made in accordance with this Con<strong>di</strong>tion 5(i)(ii)(B) shall<br />

satisfy and <strong>di</strong>scharge in full (in the case of payments or deliveries made in accordance<br />

with paragraphs (1) to (3)) and in part (in the case of Partial Distributions made in<br />

accordance with paragraph (4)) the Issuer’s obligation to pay the Interest Amount,<br />

Fixed Coupon Amount, Final Redemption Amount or other amount in respect of<br />

which the Payment Disruption Event has arisen, and no further amounts shall be due<br />

and payable by the Issuer in respect thereof.<br />

(C)<br />

Payments net of expenses<br />

Notwithstan<strong>di</strong>ng any provisions to the contrary, (a) any payments made in accordance<br />

with this Con<strong>di</strong>tion 5(i) shall be made after deduction of any costs, expenses or<br />

liabilities incurred or to be incurred by the Calculation Agent or Issuer in connection<br />

with or arising from the resolution of the relevant Payment Disruption Event(s) and (b)<br />

no interest shall be paid by the Issuer in respect of any delay which may occur in the<br />

payment of any amounts due and payable under the Notes as a result of the operation<br />

of this Con<strong>di</strong>tion 5(i)(ii).<br />

(D)<br />

Payment Event Cut-Off Date<br />

In the event that a Payment Disruption Event is still occurring on the Payment Event<br />

Cut-Off Date, the Interest Payment Date, the Maturity Date, or any other date on<br />

which redemption amounts in relation to any of the Notes shall be due and payable (as<br />

the case may be) for the relevant Notes shall fall on the Payment Event Cut-Off Date.<br />

In such circumstances, the Noteholder will not receive any amounts. Thereafter, the<br />

Issuer shall have no obligations whatsoever under the Notes.<br />

For the purposes of this Con<strong>di</strong>tion 5(i):<br />

“Base Currency” has the meaning given to it in Annex 4 – Ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions<br />

for FX Linked Notes;<br />

74

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