INDEX OF DEFINED TERMS - Banca di Legnano
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 />
Ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions for Commo<strong>di</strong>ty Linked Notes<br />
contract on the first day following the applicable determination<br />
date on which no Market Disruption Event is occurring with<br />
respect to such contract; and<br />
(c)<br />
with respect to each futures contract included in the Commo<strong>di</strong>ty<br />
Index which is affected by the Market Disruption Event, where a<br />
Market Disruption Event continues to exist as of the Commo<strong>di</strong>ty<br />
Index Cut-Off Date, the Calculation Agent’s good faith estimate of<br />
the closing price of each such contract on the Commo<strong>di</strong>ty Index<br />
Cut-Off Date;<br />
(2) and as specified in the applicable Final Terms.<br />
Subject as provided below, the Calculation Agent shall determine the Relevant Price by reference to<br />
the closing prices determined in (1)(a), (1)(b) and (1)(c) above or as provided in (2) above using the then<br />
current method for calculating the Commo<strong>di</strong>ty Reference Price.<br />
Where (i) the original date that would otherwise have been the Pricing Date is adjusted on account<br />
of such original date not being a Commo<strong>di</strong>ty Business Day, and the Pricing Date would fall on or after the<br />
Commo<strong>di</strong>ty Index Cut-Off Date following such adjustment, or (ii) a Market Disruption Event with respect<br />
to one or more futures contracts included in the Commo<strong>di</strong>ty Index has occurred on an applicable<br />
determination date and continues to exist as of the relevant Commo<strong>di</strong>ty Index Cut-Off Date for such<br />
applicable determination date, the Calculation Agent shall determine the Relevant Price on such<br />
Commo<strong>di</strong>ty Index Cut-Off Date. In calculating the Relevant Price as set out herein, the Calculation Agent<br />
shall use the formula for calculating the Commo<strong>di</strong>ty Reference Price last in effect prior to the Market<br />
Disruption Event (if applicable).<br />
4. Adjustments to a Commo<strong>di</strong>ty Index<br />
(a)<br />
Successor Index Sponsor Calculates and Reports a Commo<strong>di</strong>ty Index<br />
If a relevant Commo<strong>di</strong>ty Index is (i) not calculated and announced by the Index Sponsor but is<br />
calculated and announced by a successor sponsor (the “Successor Index Sponsor”) acceptable to the<br />
Issuer, or (ii) replaced by a successor index using, in the determination of the Calculation Agent, the same<br />
or a substantially similar formula for and method of calculation as used in the calculation of that<br />
Commo<strong>di</strong>ty Index, then in each case that index (the “Successor Index”) will be deemed to be the<br />
Commo<strong>di</strong>ty Index.<br />
(b)<br />
Mo<strong>di</strong>fication and Cessation of Calculation of a Commo<strong>di</strong>ty Index<br />
If on or prior to a Pricing Date (i) the relevant Index Sponsor makes a material change in the<br />
formula for or the method of calculating a relevant Commo<strong>di</strong>ty Index or in any other way materially<br />
mo<strong>di</strong>fies that Commo<strong>di</strong>ty Index (other than a mo<strong>di</strong>fication prescribed in that formula or method to<br />
maintain that Commo<strong>di</strong>ty Index in the event of changes in constituent commo<strong>di</strong>ties and weightings and<br />
other routine events), or (ii) the Index Sponsor permanently cancels a relevant Commo<strong>di</strong>ty Index or (iii)<br />
the Index Sponsor fails to calculate and announce a relevant Commo<strong>di</strong>ty Index and there is no Successor<br />
Index Sponsor or Successor Index then the Calculation Agent may at its option (in the case of (i)) and<br />
shall (in the case of (ii) and (iii)) (such events (i) (ii) and (iii) to be collectively referred to as “Index<br />
Adjustment Events”) (provided that the Calculation Agent may, in its sole and absolute <strong>di</strong>scretion,<br />
determine that event (iii) (y) shall not be an Index Adjustment Event and shall instead be dealt with under<br />
paragraph (i) of the proviso to the definition of Price Source specified in Commo<strong>di</strong>ty Linked Con<strong>di</strong>tion 1<br />
(Definitions), or (z) shall instead amount to a Market Disruption Event in respect of such Commo<strong>di</strong>ty<br />
Index, and proceed in accordance with Commo<strong>di</strong>ty Linked Con<strong>di</strong>tion 3 (Market Disruption and Disruption<br />
144