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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 />

(i)<br />

(ii)<br />

(iii)<br />

relating to the relevant Fund Share on such Exchange; or<br />

relating to securities that comprise 20 per cent. or more of the level of the<br />

relevant Underlying Index or any relevant successor index; or<br />

in futures or options contracts relating to such Fund Shares or the relevant<br />

Underlying Index on any relevant Related Exchange, or<br />

(y)<br />

of any event (other than an event described in (b) below) that <strong>di</strong>srupts or impairs (as<br />

determined by the Calculation Agent) the ability of market participants in general to (i)<br />

effect transactions in, or obtain market values for, the Fund Shares on the Exchange,<br />

(ii) effect transactions in, or obtain market values for securities that comprise 20 per<br />

cent. or more of the level of the relevant Underlying Index, or (iii) to effect<br />

transactions in, or obtain market values for, futures or options contracts relating to<br />

such Fund Shares or the relevant Underlying Index on any relevant Related Exchange;<br />

or<br />

(b)<br />

the closure on any Exchange Business Day of any relevant Exchange(s) or any Related<br />

Exchange(s) prior to its Scheduled Closing Time unless such earlier closing time is<br />

announced by such Exchange(s) or such Related Exchange(s), as the case may be, at least<br />

one hour prior to (A) the actual closing time for the regular tra<strong>di</strong>ng session on such<br />

Exchange(s) or such Related Exchange on such Exchange Business Day or, if earlier, (B) the<br />

submission deadline for orders to be entered into such Exchange or Related Exchange system<br />

for execution at the Valuation Time on such Exchange Business Day,<br />

which in any such case the Calculation Agent determines is material.<br />

For the purpose of determining whether a Market Disruption Event exists in respect of a Fund Share<br />

at any time, if an event giving rise to a Market Disruption Event occurs in respect of a security included in<br />

the relevant Underlying Index at that time, then the relevant percentage contribution of that security, to the<br />

level of the relevant Underlying Index shall be based on a comparison of (i) the portion of the level of the<br />

relevant Underlying Index attributable to that security, and (ii) the overall level of the relevant Underlying<br />

Index imme<strong>di</strong>ately before the occurrence of such Market Disruption Event.<br />

The Issuer shall give notice as soon as practicable to the Noteholders in accordance with Con<strong>di</strong>tion<br />

14 of the occurrence of a Disrupted Day on any day that, but for the occurrence of a Disrupted Day, would<br />

have been a Valuation Date provided that any failure to give, or non-receipt of, such notice will not affect<br />

the vali<strong>di</strong>ty of any such Disrupted Day.<br />

10. Potential Adjustment Event<br />

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

(i)<br />

(ii)<br />

a sub<strong>di</strong>vision, consolidation or reclassification of relevant Fund Shares (unless resulting in a<br />

Merger Event or Tender Offer), or a free <strong>di</strong>stribution or <strong>di</strong>vidend of any such Fund Shares to<br />

existing holders by way of bonus, capitalization or similar issue;<br />

a <strong>di</strong>stribution, issue or <strong>di</strong>vidend to existing holders of the relevant Fund Shares of (a) such<br />

Fund Shares or (b) other share capital or securities granting the right to payment of <strong>di</strong>vidends<br />

and/ or the proceeds of liquidation of the ETF equally or proportionately with such payments<br />

to holders of such Fund Shares or (c) share capital or other securities of another issuer<br />

acquired or owned (<strong>di</strong>rectly or in<strong>di</strong>rectly) by the ETF as a result of a spin-off or other similar<br />

transaction, or (d) any other type of securities, rights or warrants or other assets in any case<br />

162

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