Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
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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.