Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft
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76<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 relevant<br />
account holders of the Clearing System upon presentation and (except in the case of partial payment)<br />
surrender of the Global Note representing the Notes at the time of payment at the specified office of<br />
the Fiscal Agent outside 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 the<br />
Clearing System or to its order for credit to the relevant account holders of the Clearing System.]<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 subparagraph (1) of this § 4, "United States" means the United States<br />
of America (including the States thereof and the District of Columbia) and its possessions (including<br />
Puerto Rico, the U. S. Virgin Islands, Guam, American Samoa, Wake Island and Northern Mariana<br />
Islands).<br />
(4) Discharge. The Issuer shall be discharged by payment to, or to the order of, the Clearing System.<br />
[In the case of Fixed Rate Notes or Zero Coupon Notes insert:<br />
(5) Payment Business Day. If the date for payment of any amount in respect of any Note is not a Payment<br />
Business Day then the Holder shall not be entitled to payment until the next such day in the relevant place<br />
and shall not be entitled to further interest or other payment in respect of such delay. For these purposes,<br />
"Payment Business Day" means [if the Specified Currency is not euro insert: a day (other than a<br />
Saturday or a S<strong>und</strong>ay) on which commercial banks and foreign exchange markets settle payments in<br />
[insert all relevant financial centres].] [if the Specified Currency is euro insert: a day (other than a<br />
Saturday or a S<strong>und</strong>ay) on which the relevant Clearing Systems and all relevant parts of TARGET are open<br />
to effect the relevant payment in euro.]<br />
[In the case of Floating Rate Notes insert:<br />
(5) Payment Business Day. The Payment Business Day is the Interest Payment Date determined in<br />
accordance with § 3 (1).]<br />
(6) References to Principal. Reference in these Terms and Conditions to principal in respect of the Notes<br />
shall be deemed to include, as applicable: the Final Redemption Amount of the Notes; [if redeemable at<br />
the option of the Issuer insert: the Call Redemption Amount of the Notes;] [in the case of Instalment<br />
Notes insert: the Instalment Amount(s) of the Notes]; and any premium and any other amounts which<br />
may be payable <strong>und</strong>er or in respect of the Notes.<br />
(7) Deposit of Principal and Interest. The Issuer may pursuant to § 1425 Austrian Civil Code (ABGB)<br />
deposit with the local court (Bezirksgericht) in Vienna principal or interest not claimed by Holders within 12<br />
months after the Maturity Date, even though such Holders may not be in default of acceptance of<br />
payment. If and to the extent that the deposit is effected, made public, and the rights of withdrawal and<br />
revocation are waived, the respective claims of such Holders against the Issuer shall cease.<br />
[(1)] Redemption at Maturity.<br />
§ 5<br />
REDEMPTION