INDEX OF DEFINED TERMS - Banca di Legnano

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Level: 2 – From: 2 – Wednesday, July 21, 2010 – 13:20 – eprint6 – 4247 Section 10 United States Taxation Structured Notes Certain Notes will be specified as “Structured Notes” in the applicable Final Terms. The applicable Final Terms will indicate whether the Structured Notes are classified as “Principal Protected” or “Non- Principal Protected” and whether the Issuer will withhold or does not intend to withhold any United States taxes in respect of any payments on Structured Notes. Except to the extent specified in the applicable Final Terms, the Issuer generally intends to withhold on all payments designated as “interest” in the applicable Final Terms (and other amounts subject to withholding) on Structured Notes classified as Non-Principal Protected. Except to the extent specified in the Final Terms, while the United States federal income and withholding tax treatment of a Structured Note will generally depend on the particular terms of such Note, subject to the discussion below, the Issuer generally does not intend to withhold United States federal income tax with respect to payments on Structured Notes classified as Principal Protected, including payments of principal and interest (including original issue discount), if any, by the Issuer or any Paying Agent (acting in its capacity as such) outside the United States and its possession to any holder of such a Note who is a United States Alien, provided that, (i) in the case of interest (including original issue discount), the requirements of (a) through (d) under “–Bearer Notes” above are met for all Notes, and (ii) in respect of Registered Notes, the Certification Requirement is met. All holders should consult the applicable Final Terms as to the Issuer’s intention with respect to withholding. Except to the limited extent set forth in the Terms and Conditions and the applicable Final Terms, the Issuer does not assume any liability for the payment of any tax which it withholds on Structured Notes or any additional amount in respect thereof. Holders of Registered Notes should see the discussion above if the Certification Requirement is not met. Special rules may apply to payments that are treated as dividends for certain United States federal income tax purposes. The Issuer or its agent will withhold on such payments to the extent required by law notwithstanding any indication to the contrary in the applicable Final Terms. The United States federal income and withholding tax consequences of certain Structured Notes are uncertain. No statutory, judicial, or administrative authority directly addresses the characterization of such Notes or notes similar to such Notes for United States federal income, withholding, or other tax purposes. All holders should consult their tax advisors regarding the United States federal income and withholding tax consequences to them of holding such Notes. In December 2007, the IRS released a notice (the “Notice”) seeking comments on the taxation of financial instruments referred to as “prepaid forward contracts” including “exchange traded notes”. According to the Notice, the IRS and the U.S. Treasury Department (the “Treasury”) are considering whether a holder of such an instrument should be required to accrue ordinary income on a current basis, regardless of whether any payments are made prior to maturity. The IRS and Treasury are also considering additional issues, including whether foreign holders of such instruments should be subject to withholding tax on any deemed income accruals. In addition, in late 2007, legislation was introduced in the United States Congress which, if enacted, would require that a holder that acquires such an instrument after the date of enactment of the legislation accrue income on a current basis in certain circumstances. It is not possible to determine what guidance the IRS and Treasury will ultimately issue, if any, what legislation will be enacted, if any, and whether any such guidance or legislation would be retroactive. Any such guidance or legislation may affect the United States federal income and withholding tax treatment of Structured Notes. Sale, Exchange or Retirement of the Notes A United States Alien holder generally will not be subject to United States federal income tax on any gain realized on the sale, exchange, or retirement of a Note (other than gains treated as interest or original issue discount which are subject to the provisions described above, and other than gains treated as 178
Level: 2 – From: 2 – Wednesday, July 21, 2010 – 13:20 – eprint6 – 4247 Section 10 United States Taxation dividends pursuant to United States federal income tax law), provided that (a) the gain is not effectively connected with the conduct of trade or business within the United States, or a permanent establishment maintained in the United States if certain tax treaties apply, (b) in the case of a United States Alien that is an individual, the United States Alien is not present in the United States for 183 days or more in the taxable year of the sale, exchange or retirement of the Note, (c) the Note is not a “United States real property interest” for United States federal income tax purposes, and (d) the United States Alien is not subject to tax pursuant to certain provisions of United States federal income tax law applicable to certain expatriates. Backup Withholding and Information Reporting for Bearer Notes Other than Structured Notes A 28.00 per cent. backup withholding tax (which will be increased to 31.00 per cent. for the years 2011 and thereafter) and information reporting requirements apply to certain payments of principal of and interest on an obligation, and payments of the proceeds of the sale of an obligation before maturity, to certain noncorporate United States holders. Under current United States Treasury Department regulations, backup withholding and information reporting will not apply to payments of principal of or interest on a Bearer Note which are made outside the United States (other than payments made to an address in the United States or by transfer to an account maintained by the holder with a bank in the United States) by the Issuer or any Paying Agent (acting in its capacity as such) to a United States Alien holder of a Bearer Note, provided that neither the Issuer nor any such Paying Agent has actual knowledge that the holder is a United States person. In addition, backup withholding and information reporting will not apply to any payment of principal of or interest on a Bearer Note to a beneficial owner of a Bearer Note by a foreign office of a foreign custodian, foreign nominee, or other foreign agent of such beneficial owner, or to any payment of the proceeds of the sale of a Bearer Note by a foreign office of a foreign “broker” (as defined in applicable Treasury Regulations), provided that such nominee, custodian, agent or broker derives less than 50.00 per cent. of its gross income for certain periods from the conduct of a trade or business in the United States and is not (1) a “controlled foreign corporation” as to the United States or (2) a foreign partnership that is either engaged in a United States trade or business or whose United States partners in the aggregate hold more than 50.00 per cent. of the income or capital interests in the partnership within the meaning of the Code. Payment of principal of or interest on a Bearer Note to the beneficial owner thereof by a foreign office of any other custodian, nominee, or agent, and payment by a foreign office of any other broker of the proceeds of a sale of a Bearer Note, will not be subject to backup withholding, but will be subject to information reporting unless the custodian, nominee, agent, or broker has documentary evidence in its records that the beneficial owner is not a United States person and certain conditions are met, or the beneficial owner otherwise establishes an exemption. Payment of principal of or interest on a Bearer Note to the beneficial owner thereof by a United States office of a custodian, nominee, or agent, or the payment by the United States office of a broker of the proceeds of a sale of a Bearer Note, is subject to both backup withholding and information reporting unless the beneficial owner certifies (1) its non-United States status under penalties of perjury and the payor does not have knowledge that the beneficial owner is a United States person or (2) otherwise establishes an exemption. All holders should consult their tax advisors regarding the application of these regulations. Backup Withholding and Information Reporting for Bearer Notes that Are Structured Notes The treatment of Structured Notes for purposes of United States backup withholding tax and information reporting requirements will generally depend on the particular terms of such Structured Note, the characteristics of the person or entity making a payment and the payee, and the circumstances of payment. Noteholders should consult their own tax advisors regarding the application of the backup withholding tax and information reporting rules. 179
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Execution Version Final Terms dated
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14. Put/Call Options: Not Applicabl
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(viii) (ix) Calculation Agent respo
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36. Additional provisions for Commo
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57. Additional selling restrictions
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PART B — OTHER INFORMATION 1. LIS
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Conditions to which the offer is su
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ANNEX 1 ITALIAN TAX REGIME The foll
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(1) Under the "tax declaration" reg
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Implementation in Italy of the EU S
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L’acquisto delle presenti Notes c
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(vii) Altri termini relativi al met
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il sistema TARGET2 o qualsiasi succ
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41. Forma delle Notes: Notes al Por
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56. Ulteriori restrizioni alla vend
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PARTE B — ALTRE INFORMAZIONI 1. Q
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Descrizione della procedura di ades
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ALLEGATO 1 REGIME FISCALE ITALIANO
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Gli investitori possono optare per
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Direttiva. Il 13 Novembre 2008 la C
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DICHIARA di essere a conoscenza che
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L’Aderente dà atto di essere sta
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Questioni Normative: Collocamento:
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Taglio delle Notes: I tagli concord
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Notes a Capitale Protetto: Notes a
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In relazione alle Linked Notes dive
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Unscheduled Holiday for such Curren
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FORM OF FINAL TERMS FOR NOTES LINKE
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8. Maturity Date: [Specify date] 9.
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paragraphs of this paragraph) (i) I
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ensure it is a page which shows a c
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(vii) Additional Business Center(s)
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paragraph) (i) Share(s)/Basket of S
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Scheduled Trading Days] (xxii) Barr
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(viii) (ix) Calculation Agent respo
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[Modified Following Business Day Co
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Exchanges]] [Underlying Index for e
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(i) (ii) (iii) Inflation Index/Bask
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Sponsor(s): [The [ ] Index is a Uni
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the Notes: (iii) Final Redemption A
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(xxii) Other terms or special condi
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Linked Conditions/ Specify] Cumulat
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(xviii) Other terms or special cond
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(i) (ii) Inflation Index/Basket of
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Payment Dates or Interest Period En
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ISSUE AND LISTING AND ADMISSION TO
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THE ISSUE/ OFFER] Notes has an inte
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ecognized as eligible collateral fo
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[Not applicable/provide other appli
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INDEX OF DEFINED TERMS - Banca di Legnano

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