Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
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[In the case of Notes other than Subordinated Notes and Supplementary Capital Notes insert:<br />
63<br />
(iii) the Call Redemption Date, which shall be not less than [insert Minimum Notice to Holders]<br />
nor more than [insert Maximum Notice to Holders] days after the date on which notice is<br />
given by the Issuer to the Holders; and]<br />
[In the case of subordinated Notes insert:<br />
(iii) the Call Redemption Date, which shall be not less than five years [in the case of short-term<br />
subordinated Notes: two years] after the Issue Date; and<br />
(iv) a statement that before the Call Redemption Date the Issuer will obtain capital of an equal<br />
amount and of at least the same equity quality (§ 23 (8) Austrian Banking Act); and]<br />
[(v)] the Call Redemption Amount at which such Notes are to be redeemed.<br />
[In the case of Supplementary Capital Notes insert:<br />
(iii) the Call Redemption Date, which shall not be less than either eight years after the date of<br />
issuance of the Notes or three years before the end of the term of the Notes and not be less<br />
than [insert Minimum Notice to Holders] nor more than [insert Maximum Notice to<br />
Holders] after the date on which notice is given by the Issuer to the Holders; and<br />
(iv) a statement that the Issuer has replaced the principal amount of Notes so redeemed by having<br />
procured other capital of at least equivalent own f<strong>und</strong>s quality in accordance with § 23 (7) No. 5<br />
Austrian Banking Act.<br />
(c) The final redemption amount in respect of each Note shall be its principal amount, unless the Notes<br />
have shared in Net Losses – as defined in § 5[(5)] – of the Issuer. Prior to liquidation of the Issuer<br />
the Notes will only be redeemed subject to the pro rata deduction of the net losses of the Issuer<br />
which have accrued since the date of issuance of the Notes (in any cases the "Final Redemption<br />
Amount"). Any such notice shall only be given if the Issuer has documented in accordance with<br />
§ 23 (7) No. 5 Austrian Banking Act replacement of the principal amount of Notes so redeemed by<br />
having procured other capital of at least equivalent own f<strong>und</strong>s quality.]<br />
[(c)] In the case of a partial redemption of Notes, Notes to be redeemed shall be selected in accordance<br />
with the rules and procedures of the relevant Clearing System. [In the case of Notes in NGN form<br />
insert: Such partial redemption shall be reflected in the records of CBL and Euroclear as either a<br />
pool factor or a reduction in aggregate principal amount, at the discretion of CBL and Euroclear.]]<br />
[If the Notes are subject to Early Redemption at the Option of a Holder insert:<br />
[(4)] Early Redemption at the Option of a Holder.<br />
(a) The Issuer shall, at the option of the Holder of any Note, redeem such Note on the Put Redemption<br />
Date(s) at the Put Redemption Amount(s) set forth below together with accrued interest, if any, to (but<br />
excluding) the Put Redemption Date.<br />
Put Redemption Date(s) Put Redemption Amount(s)<br />
[insert Put Redemption Date(s)] [insert Put Redemption Amount(s)]<br />
[__________________________] [_____________________________]<br />
[__________________________] [_____________________________]]<br />
[If Notes are subject to Early Redemption at the option of the Issuer insert:<br />
The Holder may not exercise such option in respect of any Note which is the subject of the prior exercise<br />
by the Issuer of its option to redeem such Note <strong>und</strong>er this § 5.]<br />
(b) In order to exercise such option, the Holder must, not less than [insert Minimum Notice to Issuer] 2<br />
nor more than [insert Maximum Notice to Issuer] days before the Put Redemption Date on which<br />
such redemption is required to be made as specified in the Put Notice (as defined below), submit<br />
during normal business hours at the specified office of the Fiscal Agent a duly completed early<br />
2 In the case of subordinated Notes, the notice period must be at least five years, in the case of short-term subordinated<br />
Notes, the notice period must be at least two years, in the case of Supplementary Capital Notes, the notice period must<br />
be at least eight years.