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INDEX OF DEFINED TERMS - Banca di Legnano

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

Ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions for Index Linked Notes<br />

ANNEX 1<br />

ADDITIONAL <strong>TERMS</strong> AND CONDITIONS FOR <strong>INDEX</strong> LINKED NOTES<br />

The terms and con<strong>di</strong>tions applicable to Index Linked Notes shall comprise the Terms and<br />

Con<strong>di</strong>tions of the Notes and the ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions set out below (the “Index Linked<br />

Con<strong>di</strong>tions”), in each case subject to completion and/or amendment in the applicable Final Terms. In the<br />

event of any inconsistency between the Terms and Con<strong>di</strong>tions of the Notes and the Index Linked<br />

Con<strong>di</strong>tions, the Index Linked Con<strong>di</strong>tions shall prevail. In the event of any inconsistency between (i) the<br />

Terms and Con<strong>di</strong>tions of the Notes and/or the Index Linked Con<strong>di</strong>tions and (ii) the Final Terms, the Final<br />

Terms shall prevail.<br />

1. Definitions<br />

For the purposes of these Index Linked Con<strong>di</strong>tions:<br />

“Averaging Cut-Off Date” means the eighth Scheduled Tra<strong>di</strong>ng Day (or, where the Index Linked<br />

Notes relate to a Basket of In<strong>di</strong>ces and the applicable Final Terms provides that “Common Scheduled<br />

Tra<strong>di</strong>ng Days” shall be applicable, the eighth Common Scheduled Tra<strong>di</strong>ng Day) imme<strong>di</strong>ately following the<br />

original date that, but for the occurrence of another Averaging Date or Disrupted Day, or on account of<br />

such date not being a Scheduled Tra<strong>di</strong>ng Day (or, where the Index Linked Notes relate to a Basket of<br />

In<strong>di</strong>ces and the applicable Final Terms provides that “Common Scheduled Tra<strong>di</strong>ng Days” shall be<br />

applicable, a Common Scheduled Tra<strong>di</strong>ng Day), would have been the final Averaging Date, or, if earlier,<br />

the Scheduled Tra<strong>di</strong>ng Day (or, where the Index Linked Notes relate to a Basket of In<strong>di</strong>ces and the<br />

applicable Final Terms provides that “Common Scheduled Tra<strong>di</strong>ng Days” shall be applicable, the Common<br />

Scheduled Tra<strong>di</strong>ng Day) falling on or imme<strong>di</strong>ately prece<strong>di</strong>ng the second Business Day imme<strong>di</strong>ately<br />

prece<strong>di</strong>ng the date on which payment of any amount or delivery of any assets may have to be made<br />

pursuant to any calculation or determination made on the relevant Averaging Dates, provided that the<br />

Averaging Cut-Off Date shall not fall prior to the original date on which the final Averaging Date was<br />

scheduled to fall.<br />

“Averaging Date” means each date specified as an Averaging Date in the applicable Final Terms or,<br />

if any such date is not a Scheduled Tra<strong>di</strong>ng Day, the imme<strong>di</strong>ately following Scheduled Tra<strong>di</strong>ng Day, or, if<br />

earlier, the Averaging Cut-Off Date (or, where the Index Linked Notes relate to a Basket of In<strong>di</strong>ces and the<br />

applicable Final Terms provides that “Common Scheduled Tra<strong>di</strong>ng Days” shall be applicable, each date<br />

specified as an Averaging Date in the applicable Final Terms or, if any such date is not a Common<br />

Scheduled Tra<strong>di</strong>ng Day, the imme<strong>di</strong>ately following Common Scheduled Tra<strong>di</strong>ng Day). If any such day is a<br />

Disrupted Day:<br />

(a)<br />

(b)<br />

if “Omission” is specified as applying in the applicable Final Terms, then such date will be<br />

deemed not to be an Averaging Date for the purposes of determining the relevant level or<br />

price provided that, if through the operation of this provision there would not be an<br />

Averaging Date, then the provisions of the definition of “Valuation Date” will apply for<br />

purposes of determining the relevant level or price on the final Averaging Date, as if such<br />

final Averaging Date were a Valuation Date that was a Disrupted Day; or<br />

if “Postponement” is specified as applying in the applicable Final Terms, then the provisions<br />

of the definition of “Valuation Date” will apply for the purposes of determining the relevant<br />

level, price or amount on that Averaging Date as if such Averaging Date were a Valuation<br />

Date that was a Disrupted Day irrespective of whether, pursuant to such determination, that<br />

deferred Averaging Date would fall on a day that already is or is deemed to be an Averaging<br />

Date; or<br />

92

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