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INDEX OF DEFINED TERMS - Banca di Legnano

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Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:19 – eprint6 – 4247 Section 08<br />

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

ANNEX 4<br />

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

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

of the Notes and the ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions set out below (the “FX Linked Con<strong>di</strong>tions”), in<br />

each case subject to completion and/or amendment in the applicable Final Terms. In the event of any<br />

inconsistency between the Terms and Con<strong>di</strong>tions of the Notes and the FX Linked Con<strong>di</strong>tions, the FX<br />

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

the Notes and/or FX Linked Con<strong>di</strong>tions and (ii) the Final Terms, the Final Terms shall prevail.<br />

1. Definitions<br />

“Averaging Cut-Off Date” means, in respect of an Averaging Date, the fifth FX Business Day<br />

imme<strong>di</strong>ately following the original date on which the final Averaging Date was scheduled to fall, or, if<br />

earlier, the FX Business 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 such Averaging Date, provided that the Averaging<br />

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

fall.<br />

“Averaging Date” means each Averaging Date specified in the applicable Final Terms, or, if that is<br />

not an FX Business Day the first following day which is an FX Business Day, or, if earlier the Averaging<br />

Cut-Off Date (such day, the “Scheduled Averaging Date” correspon<strong>di</strong>ng to such Averaging Date). If an<br />

Averaging Date falls on the Averaging Cut-Off Date, then, subject to the applicable Final Terms, the next<br />

applicable Disruption Fallback specified as a consequence of an FX Market Disruption Event shall apply<br />

(as if an FX Market Disruption Event had occurred), or, if none is specified, Calculation Agent<br />

Determination shall be deemed to apply.<br />

“Base Currency” means the currency specified as such in the applicable Final Terms.<br />

“Calculation Agent Determination” means, in respect of a Currency Price and any relevant day,<br />

that such Currency Price for such relevant day (or a method for determining such Currency Price) will be<br />

determined by the Calculation Agent taking into consideration all available information that in good faith<br />

it deems relevant.<br />

“Currency Price” means, in relation to each Note, the Currency Price specified in the applicable<br />

Final Terms, or if not so specified in the applicable Final Terms, in respect of each Subject Currency, an<br />

amount equal to the spot rate of exchange appearing on the FX Price Source at the Valuation Time on (a) if<br />

Averaging is not specified in the applicable Final Terms, the Valuation Date or (b) if Averaging is specified<br />

in the applicable Final Terms, an Averaging Date, for the exchange of such Subject Currency into the Base<br />

Currency (expressed as the number of units (or part units) of the Subject Currency for which one unit of<br />

the Base Currency can be exchanged).<br />

“Currency-Reference Dealers” means, in respect of any relevant day, that the Calculation Agent<br />

will request each of the Reference Dealers to provide a quotation of its rate at which it will buy one unit of<br />

the Base Currency in units of the Subject Currency at the applicable Valuation Time on such relevant day.<br />

If, for any such rate, at least two quotations are provided, the relevant rate will be the arithmetic mean of<br />

the quotations. If fewer than two quotations are provided for any such rate, the relevant rate will be the<br />

arithmetic mean of the relevant rates quoted by major banks in the relevant market, selected by the<br />

Calculation Agent at or around the applicable Valuation Time on such relevant day.<br />

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