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 – 11:55 – eprint6 – 4247 Section 02<br />
Risk Factors<br />
Offering Circular or any applicable supplement and all the information contained in the<br />
applicable Final Terms;<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
have access to, and knowledge of, appropriate analytical tools to evaluate, in the context of<br />
its particular financial situation, an investment in the Notes and the impact the Notes will<br />
have on its overall investment portfolio;<br />
have sufficient financial resources and liqui<strong>di</strong>ty to bear all of the risks of an investment in the<br />
Notes, inclu<strong>di</strong>ng Notes with amounts payable in one or more currencies, or where the<br />
Specified Currency of the Notes is <strong>di</strong>fferent from the potential investor’s currency;<br />
have knowledge of and access to appropriate analytical resources to analyze quantitatively<br />
the effect (or value) of any redemption, cap, floor, or other features of the Notes, and the<br />
resulting impact upon the value of the Notes;<br />
understand thoroughly the terms of the Notes and be familiar with any relevant in<strong>di</strong>ces and<br />
financial markets; and<br />
be able to evaluate (either alone or with the help of a financial adviser) possible scenarios for<br />
economic, interest rate, and other factors that may affect its investment and its ability to bear<br />
the applicable risks.<br />
Some Notes are complex financial instruments. A potential investor should not invest in Notes<br />
which are complex financial instruments unless it has the expertise (either alone or with a financial<br />
adviser) to evaluate how such Notes will perform under changing con<strong>di</strong>tions, the resulting effects on the<br />
value of those Notes, and the impact this investment will have on the potential investor’s overall<br />
investment portfolio.<br />
In ad<strong>di</strong>tion, an investment in Index Linked Notes, Share Linked Notes, GDR/ADR Linked Notes,<br />
FX Linked Notes, Commo<strong>di</strong>ty Linked Notes, Fund Linked Notes, Inflation Linked Notes, Hybrid Notes,<br />
or other Notes linked to other Underlying Asset(s) (“Underlying Asset Linked Notes”) may entail<br />
significant risks not associated with investments in conventional securities such as debt or equity<br />
securities, inclu<strong>di</strong>ng, but not limited to, the risks set out in “Risks related to the structure of a particular<br />
issue of Notes” set out below.<br />
The Notes are unsecured obligations. The Notes constitute <strong>di</strong>rect, unsubor<strong>di</strong>nated, uncon<strong>di</strong>tional,<br />
and unsecured obligations of the Issuer and rank equally among themselves and rank equally (subject to<br />
exceptions as are from time to time provided by applicable laws) with all other present and future <strong>di</strong>rect,<br />
unsubor<strong>di</strong>nated, uncon<strong>di</strong>tional, and unsecured indebtedness of the Issuer.<br />
Since the Issuer is a hol<strong>di</strong>ng company, the right of the Issuer, and hence the right of cre<strong>di</strong>tors of the<br />
Issuer (inclu<strong>di</strong>ng the Noteholders), to participate in any <strong>di</strong>stribution of the assets of any subsi<strong>di</strong>ary of the<br />
Issuer upon its liquidation or reorganization or otherwise is necessarily subject to the prior claims of<br />
cre<strong>di</strong>tors of the subsi<strong>di</strong>ary, except to the extent that claims of the Issuer itself as a cre<strong>di</strong>tor of the subsi<strong>di</strong>ary<br />
may be recognized. In ad<strong>di</strong>tion, <strong>di</strong>vidends, loans and advances from certain subsi<strong>di</strong>aries to the Issuer are<br />
restricted by net capital requirements under the Securities Exchange Act of 1934, as amended (the<br />
“Exchange Act”) and under the rules of certain exchanges and other regulatory bo<strong>di</strong>es.<br />
The Issuer may make certain mo<strong>di</strong>fications to the Notes without the consent of the Noteholders.<br />
The Terms and Con<strong>di</strong>tions provide that the Principal Agent and the Issuer may, without the consent of<br />
Noteholders, agree to (i) any mo<strong>di</strong>fication (subject to certain specific exceptions) of the Notes or the<br />
Agency Agreement which is not preju<strong>di</strong>cial to the interests of the Noteholders or (ii) any mo<strong>di</strong>fication of<br />
the Notes or the Agency Agreement which is of a formal, minor or technical nature or is made to correct a<br />
manifest error or proven error or to comply with mandatory provisions of law.<br />
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