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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 />

Scheduled Tra<strong>di</strong>ng Day) falling on or imme<strong>di</strong>ately prece<strong>di</strong>ng the second Business Day imme<strong>di</strong>ately<br />

prece<strong>di</strong>ng the date on which payment of any amount or delivery of any assets may have to be made<br />

pursuant to any calculation or determination made on the relevant Averaging Dates, provided that the<br />

Averaging Cut-Off Date shall not fall prior to the original date on which the final Averaging Date was<br />

scheduled to fall.<br />

“Averaging Date” means each date specified as an Averaging Date in the applicable Final Terms or,<br />

if any such date is not a Scheduled Tra<strong>di</strong>ng Day, the imme<strong>di</strong>ately following Scheduled Tra<strong>di</strong>ng Day, or, if<br />

earlier, the Averaging Cut-Off Date (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, each date<br />

specified as an Averaging Date in the applicable Final Terms or, if any such date is not a Common<br />

Scheduled Tra<strong>di</strong>ng Day, the imme<strong>di</strong>ately following Common Scheduled Tra<strong>di</strong>ng Day). If any such day is a<br />

Disrupted Day:<br />

(a)<br />

(b)<br />

(c)<br />

if “Omission” is specified as applying in the applicable Final Terms, then such date will be<br />

deemed not to be an Averaging Date for the purposes of determining the relevant price;<br />

provided that, if through the operation of this provision there would not be an Averaging<br />

Date, then the provisions of the definition of “Valuation Date” will apply for purposes of<br />

determining the relevant level or price on the final Averaging Date, as if such final Averaging<br />

Date were a Valuation Date that was a Disrupted Day; or<br />

if “Postponement” is specified as applying in the applicable Final Terms, then the provisions<br />

of the definition of “Valuation Date” will apply for the purposes of determining the relevant<br />

price on that Averaging Date as if such Averaging Date were a Valuation Date that was a<br />

Disrupted Day irrespective of whether, pursuant to such determination, that deferred<br />

Averaging Date would fall on a day that already is or is deemed to be an Averaging Date; or<br />

if “Mo<strong>di</strong>fied Postponement” is specified as applying in the applicable Final Terms then:<br />

(i)<br />

(ii)<br />

where the Fund Linked Notes relate to a single Fund, the Averaging Date shall be the<br />

first succee<strong>di</strong>ng Valid Date. If the first succee<strong>di</strong>ng Valid Date has not occurred as of<br />

the Valuation Time on the Averaging Cut-Off Date or if such Averaging Date falls on<br />

the Averaging Cut-Off Date owing to the original date on which it was scheduled to<br />

fall not being a Scheduled Tra<strong>di</strong>ng Day for the Fund, then (A) the Averaging Cut-Off<br />

Date shall be deemed to be the Averaging Date (irrespective of whether the Averaging<br />

Cut-Off Date is already an Averaging Date), and (B) the Calculation Agent shall<br />

determine the relevant price for that Averaging Date in accordance with sub-paragraph<br />

(a)(ii) of the definition of “Valuation Date” below;<br />

where the Fund Linked Notes relate to a Basket of Funds and the applicable Final<br />

Terms provides that “Common Scheduled Tra<strong>di</strong>ng Days” shall not be applicable, the<br />

Averaging Date for each Fund Share not affected by the occurrence of a Disrupted<br />

Day shall be the originally designated Averaging Date (following adjustment of such<br />

date owing to the original date not being a Scheduled Tra<strong>di</strong>ng Day, if applicable) (the<br />

“Scheduled Averaging Date”) and the Averaging Date for a Fund Share affected by<br />

the occurrence of a Disrupted Day shall be the first succee<strong>di</strong>ng Valid Date in relation<br />

to such Fund Share. If the first succee<strong>di</strong>ng Valid Date in relation to such Fund Share<br />

has not occurred as of the Valuation Time on the Averaging Cut-Off Date or if such<br />

Averaging Date falls on the Averaging Cut-Off Date owing to the original date on<br />

which it was scheduled to fall not being a Scheduled Tra<strong>di</strong>ng Day for such Fund<br />

Share, then (A) the Averaging Cut-Off Date shall be deemed to be the Averaging Date<br />

(irrespective of whether the Averaging Cut-Off Date is already an Averaging Date) in<br />

154

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