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INDEX OF DEFINED TERMS - Banca di Legnano

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Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:23 – eprint6 – 4247 Section 09<br />

ANNEX 6<br />

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

The terms and con<strong>di</strong>tions applicable to Fund 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 “Fund 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 Fund Linked Con<strong>di</strong>tions, the Fund<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 the Fund Linked Con<strong>di</strong>tions and (ii) the Final Terms, the Final Terms shall prevail.<br />

1. General Definitions<br />

“Averaging Date” means each date specified as an Averaging Date in the applicable Final Terms.<br />

“Valuation Date” means each Valuation Date specified in the applicable Final Terms.<br />

2. Provisions relating to Funds other than Exchange Traded Funds<br />

Fund Linked Con<strong>di</strong>tions 3, 4, and 5 apply in respect of Funds other than Exchange Traded Funds.<br />

3. Definitions (Funds other than Exchange Traded Funds)<br />

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

“Basket of Funds” means a basket composed of Funds in the relative proportions or number of<br />

Funds, as specified in the applicable Final Terms.<br />

“Fund” means, subject to adjustment in accordance with these Fund Linked Notes Con<strong>di</strong>tions, each<br />

fund specified in the applicable Final Terms and related expressions shall be construed accor<strong>di</strong>ngly.<br />

“Fund Administrator” means the fund administrator, manager, trustee or similar person with the<br />

primary administrative responsibilities for a Fund accor<strong>di</strong>ng to the relevant Fund Documents.<br />

“Fund Adviser” means any person appointed in the role of <strong>di</strong>scretionary investment manager or<br />

non-<strong>di</strong>scretionary investment adviser (inclu<strong>di</strong>ng a non-<strong>di</strong>scretionary investment adviser to a <strong>di</strong>scretionary<br />

investment manager or to another non-<strong>di</strong>scretionary investment adviser).<br />

“Fund Documents” means the constitutive and governing documents, subscription agreements and<br />

other agreements of a Fund specifying the terms and con<strong>di</strong>tions relating to the related Fund Interest, as<br />

amended from time to time.<br />

“Fund Interest” means, subject to adjustment in accordance with these Fund Linked Con<strong>di</strong>tions,<br />

each fund interest specified in the applicable Final Terms and related expressions shall be construed<br />

accor<strong>di</strong>ngly.<br />

“Fund Redemption Valuation Date” means, in respect of a Fund Interest, the date as of which a<br />

Fund (or its Fund Service Provider that generally determines such value) would determine the net asset<br />

value of such Fund Interest for purposes of calculating the redemption proceeds to be paid to a<br />

Hypothetical Investor that has submitted a valid and timely notice for redemption of Fund Interests based<br />

on the value determined as of such date.<br />

“Fund Service Provider” means any person who is appointed to provide services, <strong>di</strong>rectly or<br />

in<strong>di</strong>rectly, to a Fund, whether or not specified in the relevant Fund Documents, inclu<strong>di</strong>ng without<br />

limitation any Fund Administrator, Fund Adviser, operator, management company, depositary, custo<strong>di</strong>an,<br />

sub-custo<strong>di</strong>an, prime broker, administrator, trustee, registrar and transfer agent, or domiciliary agent.<br />

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