INDEX OF DEFINED TERMS - Banca di Legnano

Level: 2 – From: 2 – Wednesday, July 21, 2010 – 12:23 – eprint6 – 4247 Section 09
Additional Terms and Conditions for Fund Linked Notes
limitation, due to any increase in tax liability, decrease in tax benefit, or other adverse effect on its tax
position).
“Fund Hedging Disruption” means that the Issuer or any of its Affiliates or agents is unable, or it
is impractical for the Issuer or any of its Affiliates or agents, after using commercially reasonable efforts,
to (i) acquire, establish, re-establish, substitute, maintain, unwind ,or dispose of any transaction or asset it
deems necessary or appropriate to hedge the price risk relating to any Fund Interest of the Issuer issuing
and performing its obligations with respect to the Fund Linked Notes, or (ii) realize, recover, or remit the
proceeds of any such transaction or asset, including, without limitation, where such inability or
impracticability has arisen by reason of (x) any restrictions or increase in charges or fees imposed by a
Fund on an investor’s ability to redeem the related Fund Interest, in whole or in part, or any existing or
new investor’s ability to make new or additional investments in such Fund Interest, or (y) any mandatory
redemption, in whole or in part, of a Fund Interest imposed by the related Fund (in each case other than
any restriction in existence on the Trade Date or, in respect of a Replacement Fund Interest, the relevant
replacement date).
“Increased Cost of Hedging” means that the Issuer or any of its Affiliates or agents would incur a
materially increased (as compared with circumstances existing on the Issue Date) amount of tax, duty,
expense or fee (other than brokerage commissions) to (i) acquire, establish, re-establish, substitute,
maintain, unwind, or dispose of any transaction(s) or asset(s) it deems necessary to hedge the price risk
relating to any Fund Interest of the Issuer issuing and performing its obligations with respect to the Fund
Linked Notes, or (ii) realize, recover, or remit the proceeds of any transaction(s) or asset(s), provided that
any such materially increased amount that is incurred solely due to the deterioration of the
creditworthiness of the Issuer shall not be deemed an Increased Cost of Hedging.
(b)
“Fund Disruption Event” means at any time the occurrence or continuance of any of the
following events, as determined by the Calculation Agent in its sole and absolute discretion,
if the Calculation Agent determines any such event is material:
(i)
(ii)
Fund Valuation Disruption: “Fund Valuation Disruption” means (x) any continued
postponement of any Scheduled Valuation Date due to such Scheduled Valuation Date
not being a Scheduled Fund Redemption Valuation Date, (y) the failure of a Scheduled
Fund Redemption Valuation Date in respect of a Fund Interest to be a Fund
Redemption Valuation Date in respect of such Fund Interest or any continued
postponement of such Fund Redemption Valuation Date, or (z) the failure of a
Scheduled Fund Valuation Date in respect of a Fund Interest to be a Fund Valuation
Date in respect of such Fund Interest or any continued postponement of such Fund
Valuation Date;
Fund Settlement Disruption: “Fund Settlement Disruption” means a failure by a
Fund on any day to pay the full amount (whether expressed as a percentage or
otherwise) of any fund redemption proceeds with respect to any Fund Interest
scheduled to have been paid on or by such day according to the relevant Fund
Documents (without giving effect to any gating, deferral, suspension or other
provisions permitting the Fund to delay or refuse redemption of Fund Interests).
(c)
“Fund Extraordinary Event” means each of the following events:
(i)
Nationalization: “Nationalization” means that all the Fund Interests or all or
substantially all the assets of a Fund are nationalized, expropriated, or are otherwise
required to be transferred to any governmental agency, authority, entity, or
instrumentality thereof;
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