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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 />

States income tax laws, from such beneficial owner, member of such partnership or beneficiary or settlor<br />

with respect to such fiduciary concerning its nationality, residence, identity, or connection with the United<br />

States.<br />

“United States Alien” means any corporation, partnership, entity, in<strong>di</strong>vidual, or fiduciary that is for<br />

United States federal income tax purposes (1) a foreign corporation, (2) a foreign partnership to the extent<br />

one or more of the members of which is, for United States federal income tax purposes, a foreign<br />

corporation, a non-resident alien in<strong>di</strong>vidual, or a foreign estate or trust, (3) a non-resident alien in<strong>di</strong>vidual,<br />

or (4) a foreign estate or trust.<br />

Except as specifically provided herein and in the Agency Agreement, the Issuer shall not be<br />

required to make any payment with respect to any tax, assessment, or other governmental charge imposed<br />

by any government or any political sub<strong>di</strong>vision or taxing authority thereof or therein.<br />

Whenever any Ad<strong>di</strong>tional Amounts are to be paid on Notes or Coupons, the Issuer will give notice<br />

to the Principal Agent and the other Paying Agents, as provided in the Agency Agreement.<br />

9. Prescription<br />

The Notes, Receipts, and Coupons will become void unless presented for payment within a period<br />

of five years after the date on which such payment first becomes due (the “Relevant Date”). However, if<br />

the full amount of the money payable has not been duly received by the Principal Agent or other relevant<br />

Paying Agent on or prior to the Relevant Date, then the Relevant Date shall mean the date on which, after<br />

the full amount of such money has been so received, notice to that effect is duly given to the Noteholders<br />

in accordance with Con<strong>di</strong>tion 14.<br />

No Coupon sheet issued upon exchange of a Talon shall include a Coupon on which the claim for<br />

payment would be void pursuant to this Con<strong>di</strong>tion 9 or Con<strong>di</strong>tion 5(d) or any Talon which would be void<br />

pursuant to Con<strong>di</strong>tion 5(d).<br />

10. Events of Default<br />

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

(a)<br />

Events of Default in Relation to Senior Notes<br />

The occurrence of any of the following events with respect to any Series of Senior Notes shall<br />

constitute an “Event of Default” with respect to such Series:<br />

(i)<br />

(ii)<br />

(iii)<br />

the Issuer shall fail to pay the principal amount or deliver the Entitlement (if any) of any of<br />

such Senior Notes when due whether at maturity or upon early redemption or otherwise; or<br />

the Issuer shall fail to pay any installment of interest, other amounts payable, or Ad<strong>di</strong>tional<br />

Amounts on any of such Senior Notes for a period of 30 calendar days after the due date; or<br />

the Issuer shall fail duly to perform or observe any other term, covenant, or agreement<br />

applicable to such Senior Notes contained in any of such Senior Notes or in the Agency<br />

Agreement for a period of 90 calendar days after the date on which written notice of such<br />

failure, requiring the Issuer to remedy the same, shall first have been given to the Issuer and<br />

the Principal Agent by the Noteholders of at least 33.00 per cent. in aggregate principal<br />

amount of such Senior Notes at the time outstan<strong>di</strong>ng; provided, however, that in the event the<br />

Issuer within the aforesaid period of 90 calendar days shall commence legal action in a court<br />

of competent juris<strong>di</strong>ction seeking a determination that the Issuer had not failed duly to<br />

perform or observe the term or terms, covenant or covenants, or agreement or agreements<br />

specified in the aforesaid notice, such failure shall not be an Event of Default unless the same<br />

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