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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 />

calendar days after the date on which such payment became due and payable or the date on<br />

which payment thereof is duly provided for, whichever occurs later;<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

(i)<br />

(j)<br />

(k)<br />

(l)<br />

(m)<br />

any estate, inheritance, gift, sales, transfer, excise, wealth, or personal property tax or any<br />

similar tax, assessment, or governmental charge;<br />

any tax, assessment, or governmental charge which is payable otherwise than by withhol<strong>di</strong>ng<br />

by the Issuer or a Paying Agent from the payment of the principal of or interest on any Note<br />

or Coupon;<br />

any tax, assessment, or governmental charge imposed solely because the payment is to be<br />

made by a particular Paying Agent or a particular office of a Paying Agent and would not be<br />

imposed if made by another Agent or by another office of this Agent;<br />

any tax, assessment, or other governmental charge imposed on interest received by a person<br />

hol<strong>di</strong>ng, actually or constructively, 10.00 per cent. or more of the total combined voting<br />

power of all classes of stock of the Issuer entitled to vote;<br />

any withhol<strong>di</strong>ng or deduction imposed on a payment to an in<strong>di</strong>vidual and required to be<br />

made pursuant to European Council Directive 2003/48/EC (the “Directive”) or any law<br />

implementing or complying with, or introduced in order to conform to, such Directive;<br />

any tax, assessment, or other government charge imposed on a payment of principal or<br />

interest (or any other payment) on any Note which is (i) a Dual Currency Note or (ii) a Non-<br />

Principal Protected Note which is an Index Linked Note, Share Linked Note, GDR/ADR<br />

Linked Note, FX Linked Note, Commo<strong>di</strong>ty Linked Note, Fund Linked Note, Inflation Linked<br />

Note, Hybrid Note, Physical Delivery Note, or Note linked to other Underlying Asset(s),<br />

unless in each case the applicable Final Terms expressly provide that the Issuer will pay<br />

Ad<strong>di</strong>tional Amounts with respect to such Note;<br />

any tax, assessment, or other government charge imposed on a payment of principal or<br />

interest (or any other payment) on any Principal Protected Note which is an Index Linked<br />

Note, Share Linked Note, GDR/ADR Linked Note, FX Linked Note, Commo<strong>di</strong>ty Linked<br />

Note, Fund Linked Note, Inflation Linked Note, Hybrid Note, Physical Delivery Note, or<br />

Note linked to other Underlying Asset(s), if in each case the applicable Final Terms expressly<br />

provide that the Issuer will not pay Ad<strong>di</strong>tional Amounts with respect to such Note;<br />

any Note presented for payment by or on behalf of a Noteholder who would have been able<br />

to avoid such withhol<strong>di</strong>ng or deduction by presenting the relevant Note to another Paying<br />

Agent in a member state of the European Union;<br />

any tax, assessment, or other governmental charge that is imposed or withheld by reason of<br />

the application of Section 1471 (or any successor provision) or Section 1472 (or any<br />

successor provision) of the Code or any related administrative regulation or pronouncement;<br />

or<br />

any combination of items (a) through (l),<br />

nor shall Ad<strong>di</strong>tional Amounts be paid with respect to any payment of the principal of or interest on any<br />

Note or Coupon to a person other than the sole beneficial owner of such payment or that is a partnership<br />

or fiduciary to the extent either (i) such beneficial owner, member of such partnership or beneficiary or<br />

settlor with respect to such fiduciary would not have been entitled to the payment of Ad<strong>di</strong>tional Amounts<br />

had such beneficial owner, member, beneficiary, or settlor been the Noteholder or Couponholder, or (ii) the<br />

Noteholder does not provide a statement, in the form, manner, and time required by applicable United<br />

84

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