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 – 12:23 – eprint6 – 4247 Section 09<br />
“Fund Valuation Date” means a date as of which a Fund (or its Fund Service Provider that<br />
generally determines such value) determines the value of the related Fund Interest.<br />
“Hypothetical Investor” means a hypothetical or actual investor (as determined by the Calculation<br />
Agent in the context of the relevant situation) in Fund Interests which is deemed to have the benefits and<br />
obligations, as provided in the relevant Fund Documents, of an investor hol<strong>di</strong>ng Fund Interests at the<br />
relevant time. The Hypothetical Investor may be deemed by the Calculation Agent to be resident or<br />
organized in any juris<strong>di</strong>ction, and to be, without limitation, the Issuer, the Calculation Agent or any of their<br />
affiliates (as determined by the Calculation Agent in the context of the relevant situation).<br />
“Removal Date” means, in respect of an Affected Fund Interest, the date on which the Calculation<br />
Agent determines that a Hypothetical Investor would receive the Removal Value in respect of a redemption<br />
or realization of such Affected Fund Interest effected as soon as reasonably practicable following the<br />
occurrence of the relevant Fund Event.<br />
“Removal Value” means, in respect of an Affected Fund Interest, the amount that the Calculation<br />
Agent determines a Hypothetical Investor would receive in cash on the redemption or realization of such<br />
Affected Fund Interest at the relevant time, provided that if any such redemption proceeds would comprise<br />
non-monetary assets the Removal Value may, at the sole and absolute <strong>di</strong>scretion of the Calculation Agent,<br />
include only such amount (if any) that the Calculation Agent determines would be received by the<br />
Hypothetical Investor in respect of a realization (in whatsoever manner the Calculation Agent determines<br />
appropriate) of such non-monetary assets as soon as reasonably practicable after their receipt.<br />
“Scheduled Fund Redemption Valuation Date” means the date as of which a Fund (or its Fund<br />
Service Provider that generally determine such value) is scheduled, accor<strong>di</strong>ng to the relevant Fund<br />
Documents (without giving effect to any gating, deferral, suspension or other provisions permitting the<br />
Fund to delay or refuse redemption of Fund Interests), to determine the net asset value of the related Fund<br />
Interest for purposes of calculating the redemption proceeds to be paid to an investor that has submitted a<br />
valid and timely notice for redemption of Fund Interests based on the value determined as of such date.<br />
“Scheduled Fund Valuation Date” means, in respect of a Fund Interest, a date as of which the<br />
related Fund (or its Fund Service Provider that generally determines such value) is scheduled, accor<strong>di</strong>ng to<br />
the relevant Fund Documents (without giving effect to any gating, deferral, suspension or other provisions<br />
permitting the Fund to delay or refuse redemption of Fund Interests), to determine the value of the related<br />
Fund Interest or, if the Fund only reports its aggregate net asset value, the date as of which such Fund is<br />
scheduled to determine its aggregate net asset value.<br />
4. Fund Events<br />
Ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions for Fund Linked Notes<br />
“Fund Event” means the occurrence of each of an Ad<strong>di</strong>tional Fund Disruption Event, a Fund<br />
Disruption Event and/or a Fund Extraor<strong>di</strong>nary Event as determined by the Calculation Agent.<br />
(a)<br />
“Ad<strong>di</strong>tional Fund Disruption Event” means each of Change in Law, Fund Hedging<br />
Disruption or Increased Cost of Hedging.<br />
“Change in Law” means that, on or after the Trade Date (i) due to the adoption of or any change in<br />
any applicable law or regulation (inclu<strong>di</strong>ng, without limitation, any tax law), or (ii) due to the<br />
promulgation of or any change in the interpretation by any court, tribunal or regulatory authority with<br />
competent juris<strong>di</strong>ction of any applicable law or regulation (inclu<strong>di</strong>ng any action taken by a taxing<br />
authority), the Issuer or any of its Affiliates or agents acting on its behalf determines in good faith that (x)<br />
it has become illegal to hold, acquire, or <strong>di</strong>spose of any Fund Interests, or (y) the Issuer will incur a<br />
materially increased cost in performing its obligations under the Fund Linked Notes (inclu<strong>di</strong>ng, without<br />
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