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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 />

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

imposition of any fees or charges in relation to redemptions, subscriptions, or transfers<br />

of Fund Interests;<br />

(vii)<br />

Strategy Breach: “Strategy Breach” means any breach or violation of any strategy or<br />

investment guidelines stated in the relevant Fund Documents that is reasonably likely<br />

to affect the value of a Fund Interest or the rights or reme<strong>di</strong>es of any holders thereof<br />

(in each case, as determined by the Calculation Agent); or any change of the nature of<br />

a Fund, inclu<strong>di</strong>ng but not limited to the type of investments, the duration, the cre<strong>di</strong>t<br />

risk, and <strong>di</strong>versification of the investments to which that Fund is exposed, which, in<br />

the opinion of the Calculation Agent, results in a material deterioration of the risk<br />

profile of that Fund;<br />

(viii) Regulatory Action: “Regulatory Action” means (x) the cancellation, suspension or<br />

revocation of the registration or approval of a Fund Interest or the related Fund by any<br />

governmental, legal or regulatory entity with authority over such Fund Interest or<br />

Fund, (y) any change in the legal, tax, accounting, or regulatory treatments of a Fund<br />

or its Fund Adviser that is reasonably likely to have an adverse impact on the value of<br />

the related Fund Interest or on any investor therein (as determined by the Calculation<br />

Agent), or (z) a Fund or any of its Fund Administrator or Fund Adviser becoming<br />

subject to investigation, procee<strong>di</strong>ng, or litigation by any relevant governmental, legal,<br />

or regulatory authority involving the alleged violation of applicable law for any<br />

activities relating to or resulting from the operation of such Fund, Fund Administrator,<br />

or Fund Adviser;<br />

(ix)<br />

(x)<br />

(xi)<br />

Reporting Disruption: “Reporting Disruption” means (x) the occurrence of any event<br />

affecting a Fund Interest that, in the determination of the Calculation Agent, would<br />

make it impossible or impracticable for the Calculation Agent to determine the value<br />

of such Fund Interest in respect of a Scheduled Fund Valuation Date or a Scheduled<br />

Fund Redemption Valuation Date, and such event continues for at least two<br />

consecutive Scheduled Fund Valuation Dates or Scheduled Fund Redemption<br />

Valuation Dates, as the case may be; (y) any failure of a Fund to deliver, or cause to be<br />

delivered, (A) information that such Fund has agreed to deliver, or cause to be<br />

delivered to the Calculation Agent, inclu<strong>di</strong>ng, but not limited to, information to<br />

determine the occurrence of a Fund Event and the annual au<strong>di</strong>ted financial report and<br />

semi-annual financial report, if any, in relation to the related Fund Interests, or (B)<br />

information that has been previously delivered to the Calculation Agent, in accordance<br />

with such Fund’s, or its authorized representative’s, normal practice and that the<br />

Calculation Agent deems necessary to monitor such Fund’s compliance with any<br />

investment guidelines, asset allocation methodologies or any other similar policies<br />

relating to the related Fund Interests;<br />

Fund Service Provider Cessation: “Fund Service Provider Cessation” means that one<br />

or more Fund Service Provider(s) in respect of a Fund ceases to provide the service as<br />

outlined in the relevant Fund Documents prevailing on the Trade Date or, where the<br />

related Fund Interest is a Replacement Fund Interest, the relevant replacement date,<br />

and any such Fund Service Provider is not imme<strong>di</strong>ately replaced by another service<br />

provider acceptable to the Calculation Agent;<br />

Fund Administrator Disruption: “Fund Administrator Disruption” means any event<br />

or circumstances compromising the independence of a Fund Administrator performing<br />

services for a Fund from the relevant Fund Adviser; or<br />

151

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