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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 />

(xii)<br />

Related Agreement Termination: “Related Agreement Termination” means a Fund or<br />

any of its Fund Administrator or Fund Adviser is in breach of or has terminated any<br />

existing agreement with the Calculation Agent in respect of, but not limited to,<br />

retrocession, dealing fees, liqui<strong>di</strong>ty, and licensing.<br />

Following the occurrence of a Fund Event, the Issuer may take the action described in (i) or (ii)<br />

below such that the Calculation Agent, in its sole and absolute <strong>di</strong>scretion, determines to be practicable,<br />

which may be determined by the Calculation Agent after all necessary information has been obtained and/<br />

or released by the Fund:<br />

(i)<br />

require the Calculation Agent to make such determinations and/or adjustments to the Terms<br />

and Con<strong>di</strong>tions and/or the applicable Final Terms as it determines appropriate to account for<br />

the Fund Event, which may include, without limitation,<br />

(A)<br />

(B)<br />

(C)<br />

delaying any determination date (inclu<strong>di</strong>ng any Valuation Date or Averaging Date)<br />

and/ or any date on which payment might otherwise have to be made under the terms<br />

of the applicable Final Terms until it determines that no Fund Event exists;<br />

determining that, in the sole and absolute <strong>di</strong>scretion of the Calculation Agent, one or<br />

more Fund Events may continue until or after any scheduled determination dates<br />

and/or payment dates as set out in the applicable Final Terms, and thereafter<br />

determining to fix any determination date (inclu<strong>di</strong>ng any Valuation or Averaging Date)<br />

and/or date on which payment should be made, and making payment on such date of<br />

such amount as is appropriate, as determined in the sole and absolute <strong>di</strong>scretion of the<br />

Calculation Agent, taking into account the Fund Event, and which may be based solely<br />

on any amounts of cash that a Hypothetical Investor in the Fund actually received<br />

from the Fund during the relevant period or periods (and which may be less than any<br />

relevant net asset value published for the Fund, and may be as low as zero);<br />

calculating the value of a Fund Interest and/or replacing a Fund Interest (the “Affected<br />

Fund Interest”) with a replacement fund interest (the “Replacement Fund Interest”)<br />

with a value as determined by the Calculation Agent equal to the Removal Value for<br />

the Affected Fund Interest and in a fund which in the determination of the Calculation<br />

Agent has similar characteristics, investment objectives and policies to those<br />

applicable to the Fund in respect of the Affected Fund Interest imme<strong>di</strong>ately prior to the<br />

occurrence of the Fund Event; or<br />

(ii)<br />

on giving notice to the Noteholders in accordance with Con<strong>di</strong>tion 14, redeem all (but not less<br />

than all) of the Notes, each Note being redeemed at the Early Redemption Amount.<br />

If the Calculation Agent replaces an Affected Fund Interest with a Replacement Fund Interest, such<br />

replacement shall take effect on the first reasonably practicable date following the Removal Date for such<br />

Affected Fund Interest on which the Calculation Agent determines that a Hypothetical Investor could<br />

acquire the Replacement Fund Interest.<br />

Upon the occurrence of a Fund Event, the Issuer shall give notice as soon as reasonably practicable<br />

to the Noteholders in accordance with Con<strong>di</strong>tion 14 giving details of the action proposed to be taken in<br />

relation thereto, provided that any failure to give, or non-receipt of, such notice will not affect the vali<strong>di</strong>ty<br />

of such action.<br />

5. Fund Potential Adjustment Events<br />

“Fund Potential Adjustment Event” means any of the following:<br />

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