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

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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

Any such changes will not take effect until the next following Interest Payment Date after the Noteholders<br />

have been given notice in accordance with Con<strong>di</strong>tion 14.<br />

The circumstances and consequences described in this Con<strong>di</strong>tion 7 and any resulting amendment to<br />

the Terms and Con<strong>di</strong>tions of the Notes will not entitle any Noteholder (a) to any legal remedy, inclu<strong>di</strong>ng,<br />

without limitation, redemption, rescission, notice, repu<strong>di</strong>ation, adjustment, or renegotiation of the Notes, or<br />

(b) to raise any defense or make any claim (inclu<strong>di</strong>ng, without limitation, claims of breach, force majeure,<br />

frustration of purpose, or impracticability) or any other claim for compensation, damages, or any other<br />

relief.<br />

8. Taxation<br />

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

The Issuer will pay a United States Alien such ad<strong>di</strong>tional amounts of interest (“Ad<strong>di</strong>tional<br />

Amounts”) as may be necessary so that every net payment of the principal of and interest on any Note or<br />

any Coupon appertaining thereto, after deduction or withhol<strong>di</strong>ng for or on account of any present or future<br />

tax, assessment, or other governmental charge imposed upon such holder by the United States or any<br />

political sub<strong>di</strong>vision or taxing authority thereof or therein (other than any territory or possession) upon or<br />

as a result of such payment, will not be less than the amount provided for in such Note and the coupons<br />

appertaining thereto; provided, however, that the foregoing obligation to pay Ad<strong>di</strong>tional Amounts shall not<br />

apply to:<br />

(a)<br />

any tax, assessment, or other governmental charge which would not have been so imposed<br />

but for:<br />

(i)<br />

(ii)<br />

(iii)<br />

the existence of any present or former connection between such holder (or between a<br />

fiduciary, settlor, beneficiary, member, or stockholder of, or a person hol<strong>di</strong>ng a power<br />

over, such holder, if such holder is an estate, trust, partnership, or corporation) and the<br />

United States or any of its possessions, inclu<strong>di</strong>ng, without limitation, such holder (or<br />

such fiduciary, settlor, beneficiary, member, stockholder, or person hol<strong>di</strong>ng a power)<br />

being or having been a citizen or resident or treated as a resident thereof or being or<br />

having been engaged in a trade or business therein or being or having been present<br />

therein or having or having had a permanent establishment therein or having or having<br />

had a qualified business unit which has the U.S. Dollar as its functional currency;<br />

such holder’s present or former status as a personal hol<strong>di</strong>ng company, foreign personal<br />

hol<strong>di</strong>ng company, passive foreign investment company, private foundation, or other<br />

tax-exempt entity, or controlled foreign corporation for United States tax purposes or a<br />

corporation which accumulates earnings to avoid United States federal income tax; or<br />

such holder’s status as a bank exten<strong>di</strong>ng cre<strong>di</strong>t pursuant to a loan agreement entered<br />

into in the or<strong>di</strong>nary course of business;<br />

(b)<br />

(c)<br />

any tax, assessment, or governmental charge that would not have been so imposed but for the<br />

failure of the holder to comply with certification, identification, or information reporting<br />

requirements under United States income tax laws, without regard to any tax treaty, with<br />

respect to the payment, concerning the nationality, residence, identity, or connection with the<br />

United States or any of its possessions of the holder or a beneficial owner of such Note or<br />

Coupon, if such compliance is required by United States income tax laws, without regard to<br />

any tax treaty, as a precon<strong>di</strong>tion to relief or exemption from such tax, assessment, or<br />

governmental charge;<br />

any tax, assessment, or governmental charge that would not have been so imposed but for the<br />

presentation by the holder of such Note or Coupon for payment on a date more than 30<br />

83

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

Saved successfully!

Ooh no, something went wrong!