Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
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60<br />
[if Actual/Actual (ISDA) is applicable insert: the actual number of days in the Calculation Period divided<br />
by 365 (or, if any portion of that Calculation Period falls in a leap year, the sum of (A) the actual number of<br />
days in that portion of the Calculation Period falling in a leap year divided by 366 and (B) the actual<br />
number of days in that portion of the Calculation Period falling in a non-leap year divided by 365).]<br />
[if Actual/365 (Fixed) insert: the actual number of days in the Calculation Period divided by 365.]<br />
[if Actual/360 insert: the actual number of days in the Calculation Period divided by 360.]<br />
[if 30/360, 360/360 or Bond Basis insert: the number of days in the Calculation Period divided by 360,<br />
the number of days to be calculated on the basis of a year of 360 days with 12 30-day months (unless (A)<br />
the last day of the Calculation Period is the 31st day of a month but the first day of the Calculation Period<br />
is a day other than the 30th or 31st day of a month, in which case the month that includes that last day<br />
shall not be considered to be shortened to a 30-day month, or (B) the last day of the Calculation Period is<br />
the last day of the month of February in which case the month of February shall not be considered to be<br />
lengthened to a 30-day month).]<br />
[if 30E/360 or Eurobond Basis: the number of days in the Calculation Period divided by 360 (the number<br />
of days to be calculated on the basis of a year of 360 days with 12 30-day months, without regard to the<br />
date of the first day or last day of the Calculation Period unless, in the case of the final Calculation Period,<br />
the Maturity Date is the last day of the month of February, in which case the month of February shall not<br />
be considered to be lengthened to a 30-day month).]<br />
§ 4<br />
PAYMENTS<br />
(1)[(a)] Payment of Principal. Payment of principal in respect of Notes shall be made, subject to<br />
subparagraph (2) below, to the Clearing System or to its order for credit to the accounts of the<br />
relevant account holders of the Clearing System upon presentation and (except in the case of<br />
partial payment) surrender of the Global Note representing the Notes at the time of payment at<br />
the specified office of the Fiscal Agent outside of the United States.<br />
[In the case of Notes other than Zero Coupon Notes insert:<br />
(b) Payment of Interest. Payment of interest on Notes shall be made, subject to subparagraph (2), to<br />
the Clearing System or to its order for credit to the relevant account holders of the Clearing<br />
System.]<br />
[In the case of Supplementary Capital Notes insert:<br />
Payments of interest shall only be made if the amount of interest due is available from distributable profits<br />
(as shown in the financial statement of the previous financial year) (the "Distributable Profits") (§ 23 (7)<br />
No. 2 Austrian Banking Act). [In case of noncumulative Supplementary Capital Notes insert: In<br />
respect of the amount of interest not covered by the Distributable Profits the right to receive such interest<br />
shall lapse (non-cumulative).] [In case of cumulative Supplementary Capital Notes insert: In respect of<br />
the amount of interest not covered by the Distributable Profits the Issuer will defer payment of such<br />
interest (the "Deferred Interest"). Deferred Interest will be payable on each succeeding Interest Payment<br />
Date to the extent the Distributable Profits exceed the amount of scheduled interest payable on such<br />
Interest Payment Date. Amounts of Deferred Interest will not bear interest themselves.]<br />
If on the date the Notes are actually redeemed the interest due [in case of cumulative Supplementary<br />
Capital Notes insert: (including any Deferred interest)] is not covered by the Distributable Profits, the<br />
right to receive such interest shall lapse.]<br />
[In the case of short-term subordinated Notes insert: Payments of principal or interest may only be<br />
made if, as a result of such payment, the allowable own f<strong>und</strong>s of the Issuer do not fall below 100% of the<br />
own f<strong>und</strong>s required pursuant to § 22 para. 1 no. 1-4 öBWG (Austrian Banking Act (österreichisches<br />
Bankwesengesetz)).]<br />
(2) Manner of Payment. Subject to applicable fiscal and other laws and regulations, payments of amounts<br />
due in respect of the Notes shall be made in the freely negotiable and convertible currency which on the<br />
respective due date is the currency of the country or the countries of the Specified Currency.<br />
(3) United States. For purposes of [in the case of TEFRA D Notes insert: § 1(3) and] subparagraph (1)<br />
of this § 4, "United States" means the United States of America (including the States thereof and the