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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 />

continues for a period of ten calendar days after the date of any final determination to the<br />

effect that the Issuer had failed to duly perform or observe one or more of such terms,<br />

covenants, or agreements; or<br />

(iv)<br />

(v)<br />

a court having juris<strong>di</strong>ction in the premises shall enter a decree or order for relief in respect of<br />

the Issuer in an involuntary case or procee<strong>di</strong>ng under any applicable bankruptcy, insolvency,<br />

reorganization, or other similar law now or hereafter in effect, or appointing a receiver,<br />

liquidator, conservator, assignee, custo<strong>di</strong>an, trustee, sequestrator (or similar official) of the<br />

Issuer or for any substantial part of its property or ordering the win<strong>di</strong>ng-up or liquidation of<br />

its affairs and such decree or order shall remain unstayed and in effect for a period of 60<br />

consecutive calendar days; or<br />

the Issuer shall commence a voluntary case or procee<strong>di</strong>ng under any applicable bankruptcy,<br />

insolvency, liquidation, receivership, reorganization, or other similar law now or hereafter in<br />

effect, or shall consent to the entry or an order for relief in an involuntary case under any<br />

such law, or shall consent to the appointment of or taking possession by a receiver, liquidator,<br />

conservator, assignee, trustee, custo<strong>di</strong>an, sequestrator (or similar official) of the Issuer or for<br />

any substantial part of its property, or shall make any general assignment for the benefit of<br />

cre<strong>di</strong>tors, or shall admit in writing its inability to pay its debts as they become due or shall<br />

take any corporate action in furtherance of any of the foregoing.<br />

(b)<br />

Events of Default in Relation to Subor<strong>di</strong>nated Notes<br />

The occurrence of any of the following events with respect to any Series of Subor<strong>di</strong>nated Notes<br />

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

(i)<br />

(ii)<br />

a court having juris<strong>di</strong>ction in the premises shall enter a decree or order for relief in respect of<br />

the Issuer in an involuntary case or procee<strong>di</strong>ng under any applicable bankruptcy, insolvency,<br />

reorganization, or other similar law now or hereafter in effect, or appointing a receiver,<br />

liquidator, conservator, assignee, custo<strong>di</strong>an, trustee, sequestrator (or similar official) of the<br />

Issuer or for any substantial part of its property or ordering the win<strong>di</strong>ng-up or liquidation of<br />

its affairs and such decree or order shall remain unstayed and in effect for a period of 60<br />

consecutive calendar days; or<br />

the Issuer shall commence a voluntary case or procee<strong>di</strong>ng under any applicable bankruptcy,<br />

insolvency, liquidation, receivership, reorganization, or other similar law now or hereafter in<br />

effect, or shall consent to the entry or an order for relief in an involuntary case under any<br />

such law, or shall consent to the appointment of or taking possession by a receiver, liquidator,<br />

conservator, assignee, trustee, custo<strong>di</strong>an, sequestrator (or similar official) of the Issuer or for<br />

any substantial part of its property, or shall make any general assignment for the benefit of<br />

cre<strong>di</strong>tors, or shall admit in writing its inability to pay its debts as they become due or shall<br />

take any corporate action in furtherance of any of the foregoing.<br />

(c)<br />

Acceleration of Notes, Notices, Certain Calculations, and Amounts to be Paid<br />

If an Event of Default shall occur and be continuing with respect to any Series of Notes, then the<br />

holder of any Notes of the applicable Series, at such holder’s option, by written notice to the Issuer and the<br />

Principal Agent, may declare the principal of such Note, the interest accrued, or any other amounts then<br />

payable thereon (and Ad<strong>di</strong>tional Amounts, if any, thereon) to be due and payable imme<strong>di</strong>ately and if any<br />

such Event of Default shall continue at the time of receipt of such written notice, such amounts shall<br />

become imme<strong>di</strong>ately due and payable, subject to the qualification in bold-type imme<strong>di</strong>ately below. Upon<br />

payment of such amount of principal, interest, or any other amounts payable (and Ad<strong>di</strong>tional Amounts, if<br />

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