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 />
Ad<strong>di</strong>tional Terms and Con<strong>di</strong>tions for Fund Linked Notes<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
a sub<strong>di</strong>vision, consolidation or reclassification of relevant Fund Interests or a free <strong>di</strong>stribution<br />
or <strong>di</strong>vidend of any such Fund Interests to existing holders by way of bonus, capitalization or<br />
similar issue;<br />
a <strong>di</strong>stribution, issue or <strong>di</strong>vidend to existing holders of relevant Fund Interests of (A) such<br />
Fund Interests or (B) other share capital or securities granting the right to payment of<br />
<strong>di</strong>vidends and/or the proceeds of liquidation of the related Fund equally or proportionately<br />
with such payments to holders of such Fund Interests or (C) share capital or other securities<br />
of another issuer acquired or owned (<strong>di</strong>rectly or in<strong>di</strong>rectly) by the related Fund as a result of<br />
a spin-off or other similar transaction or (D) any other type of securities, rights or warrants or<br />
other assets, in any case for payment (in cash or in other consideration) at less than the<br />
prevailing market price as determined by the Calculation Agent;<br />
an extraor<strong>di</strong>nary <strong>di</strong>vidend as determined by the Calculation Agent;<br />
a repurchase by a Fund of relevant Fund Interests whether out of profits or capital and<br />
whether the consideration for such repurchase is cash, securities or otherwise other than<br />
where such repurchase is a redemption of Fund Interests initiated by an investor in such Fund<br />
Interests and consistent with the relevant Fund Documents; or<br />
any other event that may have, in the opinion of the Calculation Agent, a <strong>di</strong>luting,<br />
concentrative or other on the theoretical value of relevant Fund Interests.<br />
Following the declaration by a Fund of the terms of any Fund Potential Adjustment Event, the<br />
Calculation Agent will, in its sole and absolute <strong>di</strong>scretion, determine whether such Fund Potential<br />
Adjustment Event has a <strong>di</strong>luting, concentrative, or other effect on the theoretical value of the relevant Fund<br />
Interest and, if so, will make the correspon<strong>di</strong>ng adjustment, if any, to any one or more of any of the terms<br />
of the Terms and Con<strong>di</strong>tions and/or the applicable Final Terms as the Calculation Agent in its sole and<br />
absolute <strong>di</strong>scretion, determines appropriate to account for that <strong>di</strong>luting, concentrative, or other effect<br />
(provided that no adjustments will be made to account solely for changes in volatility, expected <strong>di</strong>vidends<br />
or liqui<strong>di</strong>ty relative to the relevant Fund Interest) and determine the effective date of that adjustment.<br />
Upon the making of any such adjustment by the Calculation Agent, the Issuer shall give notice as<br />
soon as reasonably practicable to the Noteholders in accordance with Con<strong>di</strong>tion 14, stating the adjustment<br />
to any of the terms of the Terms and Con<strong>di</strong>tions, and/or the applicable Final Terms and giving brief details<br />
of the Fund Potential Adjustment Event, provided that any failure to give, or non receipt of, such notice<br />
will not affect the vali<strong>di</strong>ty of any such adjustment.<br />
6. Provisions relating to Exchange Traded Funds<br />
Fund Linked Con<strong>di</strong>tions 7, 8, 9 and 10 apply to Exchange Traded Funds.<br />
7. Definitions (Exchange Traded Funds)<br />
“Averaging Cut-Off Date” means the eighth Scheduled Tra<strong>di</strong>ng Day (or, where the Fund Linked<br />
Notes relate to a Basket of Funds and the applicable Final Terms provides that “Common Scheduled<br />
Tra<strong>di</strong>ng Days” shall be applicable, the eighth Common Scheduled Tra<strong>di</strong>ng Day) imme<strong>di</strong>ately following the<br />
original date that, but for the occurrence of another Averaging Date or Disrupted Day, or on account of<br />
such date not being a Scheduled Tra<strong>di</strong>ng Day (or, where the Fund Linked Notes relate to a Basket of<br />
Funds and the applicable Final Terms provides that “Common Scheduled Tra<strong>di</strong>ng Days” shall be<br />
applicable, a Common Scheduled Tra<strong>di</strong>ng Day), would have been the final Averaging Date, or, if earlier,<br />
the Scheduled Tra<strong>di</strong>ng Day (or, where the Fund Linked Notes relate to a Basket of Funds and the<br />
applicable Final Terms provides that “Common Scheduled Tra<strong>di</strong>ng Days” shall be applicable, the Common<br />
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