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Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft

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56<br />

dealt in or traded on a stock exchange or other recognised securities market amounting to or exceeding<br />

EUR 5,000,000 or its equivalent in another currency or currencies.]<br />

[In the case of subordinated Notes and Supplementary Capital Notes insert:<br />

§ 2<br />

STATUS<br />

The obligations <strong>und</strong>er the Notes constitute unsecured and subordinated obligations of the Issuer ranking<br />

pari passu among themselves and pari passu with all other subordinated obligations of the Issuer. In the<br />

event of the liquidation or bankruptcy of the Issuer, the obligations <strong>und</strong>er the Notes may be satisfied only<br />

after the non-subordinated claims of creditors have been satisfied so that in any such event no amounts<br />

shall be payable in respect of such obligations until the claims of all unsubordinated creditors of the Issuer<br />

shall have been satisfied in full. No Holder may set off his claims arising <strong>und</strong>er the Notes against any<br />

claims of the Issuer. No contractual security may be provided, and will not at any time in the future be<br />

provided by the Issuer or any other person to secure rights of the Holders <strong>und</strong>er the Notes. No subsequent<br />

agreement may limit the subordination pursuant to the provisions set out in this § 2 or amend the Maturity<br />

Date in respect of the Notes to any earlier date or shorten any applicable notice period (Kündigungsfrist).]<br />

[In the case of Fixed Rate Notes insert:<br />

§ 3<br />

INTEREST<br />

(1) Rate of Interest and Interest Payment Dates. The Notes shall bear interest on their aggregate principal<br />

amount at the rate of [insert Rate of Interest] % per annum from (and including) [insert Interest<br />

Commencement Date] to (but excluding) the Maturity Date (as defined in § 5(1)). Interest shall be<br />

payable in arrears on [insert Fixed Interest Date or Dates] in each year (each such date, an "Interest<br />

Payment Date"). The first payment of interest shall be made on [insert First Interest Payment Date] [if<br />

First Interest Payment Date is not first anniversary of Interest Commencement Date insert: and will<br />

amount to [insert Initial Broken Amount for Specified Denomination] for a Note in a denomination of<br />

[insert Specified Denomination]]. [If the Maturity Date is not a Fixed Interest Date insert: Interest in<br />

respect of the period from [insert Fixed Interest Date preceding the Maturity Date] (inclusive) to the<br />

Maturity Date (exclusive) will amount to [insert Final Broken Amount for Specified Denomination] for a<br />

Note in a denomination of [insert Specified Denomination].]<br />

(2) Accrual of Interest. The Notes shall cease to bear interest as from the expiry of the day preceding their<br />

due date for redemption. If the Issuer shall fail to redeem the Notes when due, interest shall continue to<br />

accrue on the outstanding aggregate principal amount of the Notes beyond the due date until the expiry of<br />

the day preceding the day of the actual redemption of the Notes at the default rate of interest established<br />

by law. 1<br />

(3) Calculation of Interest for Partial Periods. If interest is required to be calculated for a period of less than<br />

a full year, such interest shall be calculated on the basis of the Day Count Fraction (as defined below).]<br />

[In the case of Floating Rate Notes insert:<br />

(1) Interest Payment Dates.<br />

(a) The Notes shall bear interest on their aggregate principal amount from [insert Interest<br />

Commencement Date] (inclusive) (the "Interest Commencement Date") to the first Interest Payment<br />

Date (exclusive) and thereafter from each Interest Payment Date (inclusive) to the next following<br />

Interest Payment Date (exclusive). Interest on the Notes shall be payable on each Interest Payment<br />

Date.<br />

(b) "Interest Payment Date" means [in the case of Specified Interest Payment Dates insert: each<br />

[insert Specified Interest Payment Dates].] [in the case of Specified Interest Periods insert: each<br />

date which (except as otherwise provided in these Terms and Conditions) falls [insert number]<br />

[weeks] [months] [insert other specified periods] after the preceding Interest Payment Date or, in<br />

the case of the first Interest Payment Date, after the Interest Commencement Date.]<br />

1 The default rate of interest established by law is five percentage points above the basic rate of interest published by<br />

Deutsche B<strong>und</strong>esbank from time to time, §§ 288(1), 247 German Civil Code.

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