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 />
Physical Delivery Con<strong>di</strong>tions<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
in the case of Notes represented by a Global Note, specify the nominal amount of Notes<br />
which are the subject of such notice and the number of the Noteholder’s account at the<br />
Relevant Clearing System to be debited with such Notes and irrevocably instruct and<br />
authorize the Relevant Clearing System to debit the relevant Noteholder’s account with such<br />
Notes on or before the Maturity Delivery Date (as defined below);<br />
include an undertaking to pay all Expenses and, in the case of Notes represented by a Global<br />
Note, an authority to debit a specified account of the Noteholder at the Relevant Clearing<br />
System in respect thereof and to pay such Expenses;<br />
include such details as are required by the applicable Final Terms for delivery of the<br />
Entitlement which may include account details of an account outside the United States and<br />
its possession and/or the name and address outside the United States and its possessions of<br />
any person(s) into whose name evidence of the Entitlement is to be registered and/or any<br />
bank, broker, or agent outside the United States and its possessions to whom documents<br />
evidencing the Entitlement are to be delivered and specify the name and number of the<br />
Noteholder’s account with the Relevant Clearing System to be cre<strong>di</strong>ted with any cash payable<br />
by the Issuer, in respect of any cash amount constituting the Entitlement or any <strong>di</strong>vidends<br />
relating to the Entitlement, as a result of the occurrence of a Settlement Disruption Event or a<br />
Failure to Deliver due to Illiqui<strong>di</strong>ty and the Issuer electing to pay the Disruption Cash<br />
Settlement Price or Failure to Deliver Settlement Price, as applicable, or in respect of any<br />
Partial Cash Settlement Amounts;<br />
certify that the beneficial owner of each Note is not a U.S. person (as defined in Regulation S<br />
under the Securities Act), the Note is not being redeemed within the United States or its<br />
possessions or on behalf of a U.S. person and no cash, securities or other property have been<br />
or will be delivered within the United States or its possessions or to, or for the account or<br />
benefit of, a U.S. person in connection with any redemption thereof; and<br />
authorize the production of such notice in any applicable administrative or legal procee<strong>di</strong>ngs.<br />
No Asset Transfer Notice may be withdrawn after receipt thereof by the Relevant Clearing System<br />
or a Paying Agent as provided above. After delivery of an Asset Transfer Notice, the relevant Noteholder<br />
may not transfer the Notes which are the subject of such notice.<br />
In the case of Notes represented by a Global Note, upon receipt of such notice, the Relevant<br />
Clearing System shall verify that the person specified therein as the Noteholder is the holder of the<br />
specified nominal amount of Notes accor<strong>di</strong>ng to its books.<br />
Subject thereto, the Relevant Clearing System will confirm to the Principal Agent the ISIN, series<br />
number, and number of Notes the subject of such notice, the relevant account details (if applicable) and the<br />
details for the delivery of the Entitlement in respect of each such Note. Upon receipt of such confirmation,<br />
the Principal Agent will inform the Issuer thereof. The Relevant Clearing System, will on or before the<br />
Maturity Delivery Date, debit the securities account of the relevant Noteholder with the Notes the subject<br />
of the relevant Asset Transfer Notice.<br />
Failure properly to complete and deliver an Asset Transfer Notice may result in such notice being<br />
treated as null and void. Any determination as to whether such notice has been properly completed and<br />
delivered as provided in these Physical Delivery Con<strong>di</strong>tions shall be made, in the case of Notes<br />
represented by a Global Note, by the Relevant Clearing System, after consultation with the Principal Agent<br />
and the Issuer and shall be conclusive and bin<strong>di</strong>ng on the Issuer and the relevant Noteholder, or, in the case<br />
of Notes in definitive form, by the relevant Paying Agent after consultation with the Principal Agent and<br />
the Issuer and shall be conclusive and bin<strong>di</strong>ng on the Issuer and the relevant Noteholder.<br />
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