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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 />

(c)<br />

Corrections to an Index<br />

If the level of a relevant Index published on any Valuation Date, Observation Date or Averaging<br />

Date (or other relevant date, as determined by the Calculation Agent), as the case may be, by the relevant<br />

Index Sponsor or (if applicable) the relevant Successor Index Sponsor and which is utilized for any<br />

calculation or determination made for the purposes of the Index Linked Notes (a “Relevant Calculation”)<br />

is subsequently corrected and the correction (the “Corrected Index Level”) is published by the relevant<br />

Index Sponsor or (if applicable) the relevant Successor Index Sponsor no later than two Business Days<br />

prior to the date on which payment of any amount or delivery of any assets may have to be made pursuant<br />

to such Relevant Calculation, then such Corrected Index Level shall be deemed to be the relevant level for<br />

such Index on such Averaging Date, Observation Date, Valuation Date (or other relevant date, as<br />

determined by the Calculation Agent), as the case may be, and the Calculation Agent shall use such<br />

Corrected Index Level in determining the relevant level or price and/or whether the Barrier Event (closing)<br />

or Barrier Event (intraday), as the case may be, has been triggered.<br />

5. Ad<strong>di</strong>tional Disruption Events<br />

(a)<br />

“Ad<strong>di</strong>tional Disruption Event” means any of Change in Law, Hedging Disruption and/or<br />

Increased Cost of Hedging, in each case if specified in the applicable Final Terms.<br />

“Change in Law” means that, on or after the Trade Date (as specified in the applicable Final<br />

Terms) (i) due to the adoption of or any change in any applicable law or regulation<br />

(inclu<strong>di</strong>ng, without limitation, any tax law), or (ii) due to the promulgation of or any change<br />

in the interpretation by any court, tribunal or regulatory authority with competent juris<strong>di</strong>ction<br />

of any applicable law or regulation (inclu<strong>di</strong>ng any action taken by a taxing authority), the<br />

Calculation Agent determines in its sole and absolute <strong>di</strong>scretion that (A) it has become illegal<br />

to hold, acquire or <strong>di</strong>spose of any relevant security comprised in an Index or (B) the Issuer<br />

will incur a materially increased cost in performing its obligations in relation to the Index<br />

Linked Notes (inclu<strong>di</strong>ng, without limitation, due to any increase in tax liability, decrease in<br />

tax benefit, or other adverse effect on the tax position of the Issuer and/or any of its<br />

Affiliates).<br />

“Hedging Disruption” means that the Issuer and/or any of its Affiliates or agents is unable,<br />

after using commercially reasonable efforts, to (i) acquire, establish, re-establish, substitute,<br />

maintain, unwind or <strong>di</strong>spose of any transaction(s) or asset(s) it deems necessary to hedge the<br />

equity or other price risk of the Issuer issuing and performing its obligations with respect to<br />

the Index Linked Notes, or (ii) realize, recover or remit the proceeds of any such<br />

transaction(s) or asset(s).<br />

“Increased Cost of Hedging” means that the Issuer and/or any of its Affiliates or agents<br />

acting on its behalf would incur a materially increased (as compared with circumstances<br />

existing on the Trade Date) amount of tax, duty, expense, or fee (other than brokerage<br />

commissions) to (i) acquire, establish, re-establish, substitute, maintain, unwind, or <strong>di</strong>spose<br />

of any transaction(s) or asset(s) it deems necessary to hedge the equity or other price risk of<br />

the Issuer issuing and performing its obligations with respect to the Index Linked Notes, or<br />

(ii) realize, recover, or remit the proceeds of any such transaction(s) or asset(s), provided that<br />

any such materially increased amount that is incurred solely due to the deterioration of the<br />

cre<strong>di</strong>tworthiness of the Issuer and/or any of its Affiliates or agents shall not be deemed an<br />

Increased Cost of Hedging.<br />

106

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