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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 />

Legal and regulatory changes relating to the Commo<strong>di</strong>ties may lead to an early redemption.<br />

Commo<strong>di</strong>ties are subject to legal and regulatory regimes that may change in ways that could affect the<br />

ability of the Issuer and/or any entities acting on behalf of the Issuer engaged in any underlying or hedging<br />

transactions in respect of the Issuer’s obligations in relation to the Notes to hedge the Issuer’s obligations<br />

under the Notes, and/or could lead to the early redemption of the Notes.<br />

Commo<strong>di</strong>ties are subject to legal and regulatory regimes in the United States and, in some cases, in<br />

other countries that may change in ways that could negatively affect the value of the Notes. For example,<br />

in July 2010, the U.S. Congress passed legislation intended to decrease speculation and increase<br />

transparency in the commo<strong>di</strong>ties markets. Such legislation, among other things, requires the U.S.<br />

Commo<strong>di</strong>ty Futures Tra<strong>di</strong>ng Commission (“CFTC”) or exchanges to adopt rules establishing position<br />

limits on positions in commo<strong>di</strong>ty futures contracts. Such legislation could have an unpre<strong>di</strong>ctable impact on<br />

the value of any Commo<strong>di</strong>ty Linked Notes. In ad<strong>di</strong>tion, if the commo<strong>di</strong>ties are traded on a non-U.S.<br />

exchange, those foreign markets may be more susceptible to <strong>di</strong>sruption than U.S. exchanges due to the<br />

lack of a government-regulated clearinghouse system and may be subject to exchange controls,<br />

expropriation, burdensome or confiscatory taxation, or moratoriums and political or <strong>di</strong>plomatic events.<br />

Fund Linked Notes<br />

Risk Factors<br />

A fund may be subject to Fund Events which may adversely impact the value of Fund Linked<br />

Notes. If certain events specified as Fund Events occur, the Calculation Agent may replace the fund by<br />

other funds and thereafter the amount payable in respect of the Notes will depend on and be calculated by<br />

reference to the performance of an alternate asset. This may have a considerable impact on the value of the<br />

Fund Linked Notes and the amount payable in respect of the Fund Linked Notes. Alternatively, any<br />

determination dates and payment dates may be changed by the Calculation Agent, or the amount paid per<br />

Note may be based on the only cash amounts that an investor in the fund actually received, which might be<br />

as low as zero.<br />

Risk from composition and changes to a fund. The management company of a fund can, without<br />

regard to the interests of the investors in the Fund Linked Notes, add, delete or substitute any funds by<br />

reference to which the value of a fund is calculated or make other methodological changes that could<br />

change the investment profile of a fund. The management company may also determine to <strong>di</strong>scontinue a<br />

fund. If a fund is <strong>di</strong>scontinued, it may be replaced by other assets and/or the Fund Linked Notes may be<br />

redeemed early.<br />

In the event that a fund is materially mo<strong>di</strong>fied or permanently cancelled or the management<br />

company fails to calculate or announce the net asset value of a fund, the Calculation Agent will either<br />

make such adjustments to any variable, calculation methodology, valuation, settlement, payment terms or<br />

any other terms and con<strong>di</strong>tions of the Fund Linked Notes as the Calculation Agent determines appropriate<br />

to account for the effect on the Fund Linked Notes of such events, or may redeem the Fund Linked Notes<br />

early. Any of these decisions or determinations may adversely impact the value of the Fund Linked Notes.<br />

Funds may be subject to transfer restrictions and illiqui<strong>di</strong>ty. Funds and the assets thereof may be<br />

subject to transfer restrictions arising by way of applicable securities laws or otherwise. Such restrictions<br />

may mean that purchasers of the Fund Linked Notes are not entitled to acquire interests in the funds<br />

<strong>di</strong>rectly. Holders of units or shares in a fund may have the right to transfer or withdraw their investment in<br />

the funds only at certain times and upon completion of certain documentary formalities and such rights<br />

may be subject to suspension or alteration. These circumstances may affect the net asset value of the funds<br />

in question which in turn may adversely impact the value of the Fund Linked Notes.<br />

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