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Vorarlberger Landes- und Hypothekenbank Aktiengesellschaft

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87<br />

[If a Calculation Agent other than the Fiscal Agent is to be appointed insert: The Calculation Agent<br />

and its initial specified office shall be:<br />

Calculation Agent: [insert name and specified office]]<br />

The Fiscal Agent [,] [and] the Registrar [[,] [and] [the Calculation Agent] reserve the right at any time to<br />

change their respective offices to some other specified office in the same city.<br />

(2) Variation or Termination of Appointment. The Issuer reserves the right at any time to vary or terminate<br />

the appointment of the Fiscal Agent [,] [and] the Registrar [[,] [and] [the Calculation Agent]] and to appoint<br />

another Fiscal Agent [,] [and] Registrar [[,] [and] [Calculation Agent]]. The Issuer shall at all times<br />

maintain a Fiscal Agent and a Registrar [[,] [and] a Calculation Agent]]. The Fiscal Agent and the<br />

Registrar shall be the same person acting in both functions through the same specified office. Any<br />

variation, termination, appointment or change shall only take effect (other than in the case of insolvency,<br />

when it shall be of immediate effect) after not less than 30 nor more than 45 days' prior written notice<br />

thereof shall have been given to the Holder in accordance with § 10.<br />

(3) Agents of the Issuer. The Fiscal Agent [,] [and] the Registrar [[,] [and] [the Calculation Agent]] act<br />

solely as agents of the Issuer and do not assume any obligations towards or relationship of agency or trust<br />

for the Holder.]<br />

[§ 9 (FURTHER ISSUES, PURCHASES AND CANCELLATION) to be replaced in its entirety by the<br />

following:<br />

§ 9<br />

REPLACEMENT OF NOTES<br />

If any Note is lost, stolen, mutilated, defaced or destroyed, it may be replaced at the specified office of the<br />

Registrar upon payment by the applicant of such costs and expenses as may be incurred in connection<br />

therewith and on such terms as to evidence and indemnity as the Issuer may reasonably require. A<br />

mutilated or defaced Note must be surrendered before a replacement will be issued.]<br />

[§ 10 (NOTICES) to be replaced in its entirety by the following:<br />

§ 10<br />

NOTICES<br />

[In the case of Notes which are listed on the Luxembourg Stock Exchange insert:<br />

(1) Publication. All notices concerning the Notes will be made by means of electronic publication on the<br />

internet website of the Luxembourg Stock Exchange (www.bourse.lu). Any notice so given will be deemed<br />

to have been validly given on the third day following the date of such publication.]<br />

Notices to the Holder may [also] be given, and are valid if given, by post or fax at the address or fax<br />

number of the Holder appearing in the Register.]<br />

[In § 11 (APPLICABLE LAW, PLACE OF JURISDICTION AND ENFORCEMENT): "AND<br />

ENFORCEMENT" to be deleted in the heading and the provisions of subparagraph (3) –<br />

Enforcement – to be deleted.]

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