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INDEX OF DEFINED TERMS - Banca di Legnano

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 />

“Relevant Commo<strong>di</strong>ty” means, in respect of a Commo<strong>di</strong>ty Linked Security, such Commo<strong>di</strong>ty as is<br />

so specified in the applicable Final Terms, and, if more than one commo<strong>di</strong>ty is so specified in the<br />

applicable Final Terms, then all such commo<strong>di</strong>ties shall be referred to as the “Relevant Commo<strong>di</strong>ties”.<br />

“Relevant Price” means for any Pricing Date, the price, expressed as a price per unit of the<br />

Commo<strong>di</strong>ty or the price of the Commo<strong>di</strong>ty Index, determined with respect to that day for the specified<br />

Commo<strong>di</strong>ty Reference Price calculated as provided in these Commo<strong>di</strong>ty Linked Con<strong>di</strong>tions and the<br />

applicable Final Terms.<br />

“Specified Price” means, in respect of a Commo<strong>di</strong>ty Reference Price, any of the following prices<br />

(which must be a price reported in or by, or capable of being determined from information reported in or<br />

by, the relevant Price Source) as specified in the applicable Final Terms (and, if applicable, as of the time<br />

so specified): (A) the high price; (B) the low price; (C) the average of the high price and the low price; (D)<br />

the closing price; (E) the opening price; (F) the bid price; (G) the asked price; (H) the average of the bid<br />

price and the asked price; (I) the settlement price; (J) the official settlement price; (K) the official price;<br />

(L) the morning fixing; (M) the afternoon fixing; (N) the spot price; or (O) any other price specified in the<br />

applicable Final Terms.<br />

2. Terms relating to Calculation of Prices<br />

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

(a)<br />

Common Pricing<br />

If the relevant Final Terms provides that Commo<strong>di</strong>ty Linked Con<strong>di</strong>tion 2(a) is applicable, and, with<br />

respect to Commo<strong>di</strong>ty Linked Notes relating to a Basket of Commo<strong>di</strong>ties, if “Common Pricing” is<br />

specified in the applicable Final Terms as:<br />

(i)<br />

(ii)<br />

“Applicable” then, no date will be a Pricing Date unless such date is a day on which<br />

all referenced Commo<strong>di</strong>ty Reference Prices (for which such date would otherwise be a<br />

Pricing Date) are scheduled to be published or announced, as determined on the Trade<br />

Date of the Notes as of the Issue Date;<br />

“Not Applicable” then, if the Calculation Agent determines that a Market Disruption<br />

Event has occurred or exists on the Pricing Date in respect of any Relevant<br />

Commo<strong>di</strong>ty and/or Commo<strong>di</strong>ty Index (each an “Affected Commo<strong>di</strong>ty”), the Relevant<br />

Price of each Commo<strong>di</strong>ty and/or Commo<strong>di</strong>ty Index within the basket which is not<br />

affected by the occurrence of a Market Disruption Event shall be determined on its<br />

scheduled Pricing Date and the Relevant Price for each Affected Commo<strong>di</strong>ty shall be<br />

determined in accordance with the first applicable Disruption Fallback that provides a<br />

Relevant Price.<br />

All determinations made by the Calculation Agent pursuant to this con<strong>di</strong>tion will be conclusive and<br />

bin<strong>di</strong>ng on the Noteholders and the Issuer, except in the case of manifest error.<br />

If the relevant Final Terms provides that Commo<strong>di</strong>ty Linked Con<strong>di</strong>tion 2(a) is not applicable, then<br />

Commo<strong>di</strong>ty Linked Con<strong>di</strong>tion 2(a) shall not apply to the relevant Commo<strong>di</strong>ty Linked Notes.<br />

(b)<br />

Correction to Published Prices<br />

For purposes of determining or calculating the Relevant Price (or any price or value published or<br />

announced on any date which is utilized for any calculation or determination in connection with the<br />

Commo<strong>di</strong>ty Linked Notes), if the price published or announced on a given day and used or to be used by<br />

the Calculation Agent to determine a Relevant Price (or any price or value published or announced on any<br />

date which is utilized for any calculation or determination in connection with the Commo<strong>di</strong>ty Linked<br />

141

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