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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 />

Index Linked Con<strong>di</strong>tion 2, each reference to “Valuation Time” and “Scheduled Closing<br />

Time” shall be construed as a reference to “Barrier Event Valuation Time (intraday)”.<br />

(b)<br />

A “Barrier Event (closing)” means (and a Barrier Event (closing) shall be deemed to occur<br />

if), in respect of an Index, the Calculation Agent determines that the Index Closing Level of<br />

such Index as of the Barrier Event Valuation Time (closing) on any Barrier Event<br />

Determination Day is less than or equal to the correspon<strong>di</strong>ng Barrier Level for such Index<br />

and such Barrier Event Determination Day.<br />

4. Adjustments and Corrections to an Index<br />

(a)<br />

Successor Index Sponsor Calculates and Reports an Index<br />

If a relevant Index is (i) not calculated and announced by the Index Sponsor but is calculated and<br />

announced by a successor sponsor (the “Successor Index Sponsor”) acceptable to the Calculation Agent,<br />

or (ii) replaced by a successor index using, in the determination of the Calculation Agent, the same or a<br />

substantially similar formula for and method of calculation as used in the calculation of that Index, then in<br />

each case that index (the “Successor Index”) will be deemed to be the Index.<br />

(b)<br />

Mo<strong>di</strong>fication and Cessation of Calculation of an Index<br />

If (i) on or prior to a Valuation Date, an Observation Date or an Averaging Date (or other relevant<br />

date, as determined by the Calculation Agent), the relevant Index Sponsor makes or announces that it will<br />

make a material change in the formula for or the method of calculating a relevant Index or in any other<br />

way materially mo<strong>di</strong>fies that Index (other than a mo<strong>di</strong>fication prescribed in that formula or method to<br />

maintain that Index in the event of changes in constituent stock and capitalization or contracts and other<br />

routine events) (an “Index Mo<strong>di</strong>fication”), or permanently cancels a relevant Index and no Successor<br />

Index exists (an “Index Cancellation”), or (ii) on a Valuation Date, an Observation Date or an Averaging<br />

Date (or other relevant date, as determined by the Calculation Agent), the Index Sponsor or, if applicable,<br />

the Successor Index Sponsor fails to calculate and announce a relevant Index, provided that, in respect of<br />

an Index which is specified in the applicable Final Terms as being a Multi-Exchange Index or a<br />

Proprietary Index, the Calculation Agent may, in its <strong>di</strong>scretion, determine that such event instead results in<br />

the occurrence of a Disrupted Day (an “Index Disruption” and, together with an Index Mo<strong>di</strong>fication and<br />

an Index Calculation, each an “Index Adjustment Event”), then the Issuer may take the action described<br />

in (A) or (B) below:<br />

(A)<br />

(B)<br />

require the Calculation Agent to determine if such Index Adjustment Event has a material<br />

effect on the Index Linked Notes and, if so, calculate the relevant level or price using, in lieu<br />

of a published level for that Index, the level for that Index as at the Valuation Time on that<br />

Valuation Date, Observation Date or Averaging Date, as the case may be, as determined by<br />

the Calculation Agent in accordance with the formula for and method of calculating that<br />

Index last in effect prior to the change, failure or cancellation, but using only those securities<br />

that comprised that Index imme<strong>di</strong>ately prior to that Index Adjustment Event; or<br />

on giving notice to the Noteholders in accordance with Con<strong>di</strong>tion 14, redeem all (but not less<br />

than all) of the Notes, each Note being redeemed at the Early Redemption Amount; or<br />

Upon the occurrence of an Index Adjustment Event, the Issuer shall give notice as soon as<br />

reasonably practicable to the Noteholders in accordance with Con<strong>di</strong>tion 14, giving details of the action<br />

proposed to be taken in relation thereto, provided that any failure to give, or non-receipt of, such notice<br />

will not affect the vali<strong>di</strong>ty of such action. The Issuer shall make copies of any such determinations<br />

available for inspection by Noteholders.<br />

105

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