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Tabreed 06 Prospectus - London Stock Exchange

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The Periodic Distribution Amount on Certificates due on a Periodic Distribution Date will be<br />

paid to the holder shown on the register of Certificateholders at the close of business on the<br />

date (the ‘‘record date’’) being the seventh day before the relevant Periodic Distribution Date.<br />

For the purposes of this Condition, a Certificateholder’s ‘‘registered account’’ means the US<br />

dollar account maintained by or on behalf of it with a bank that processes payments in US<br />

dollars, details of which appear on the Register at the close of business, in the case of the<br />

Dissolution Distribution Amount and any Periodic Distribution Amount due otherwise than on<br />

a Periodic Distribution Date, on the second Business Day before the due date for payment and,<br />

in all other cases, on the relevant record date, and a Certificateholder’s ‘‘registered address’’<br />

means its address appearing on the Register at that time.<br />

8.2 Payments Subject to Applicable Laws<br />

Payments in respect of Certificates are subject in all cases to any fiscal or other laws and<br />

regulations applicable in the place of payment, but without prejudice to the provisions of<br />

Condition 10 (Taxation).<br />

8.3 Payment only on a Business Day<br />

Where payment is to be made by transfer to a registered account, payment instructions (for<br />

value the due date or, if that is not a Payment Business Day, for value the first following day<br />

which is a Payment Business Day) will be initiated and, where payment is to be made by<br />

cheque, the cheque will be mailed, in each case by the Principal Paying Agent, on the Payment<br />

Business Day preceding the due date for payment or, in the case of a payment of the<br />

Dissolution Distribution Amount, if later, on the Payment Business Day on which the relevant<br />

Certificate is surrendered at the specified office of a Paying Agent.<br />

Certificateholders will not be entitled to any Periodic Distribution Amount or other payment for<br />

any delay after the due date in receiving the amount due if the due date is not a Payment<br />

Business Day, if the relevant Certificateholder is late in surrendering its Certificate (if required to<br />

do so) or if a cheque mailed in accordance with this Condition arrives after the due date for<br />

payment.<br />

In this Condition, ‘‘Payment Business Day’’ means a day on which commercial banks in Dubai,<br />

<strong>London</strong> and New York are open for general business and, in the case of presentation of a<br />

Certificate, in the place in which the Certificate is presented.<br />

8.4 Notifications to be Final<br />

All notifications, opinions, determinations, certificates, calculations, quotations and decisions<br />

given, expressed, made or obtained for the purposes of this Condition 8 (Payment), whether by<br />

the Principal Paying Agent or the Calculation Agent, shall (in the absence of wilful default,<br />

fraud or manifest error) be binding on the Issuer and all Certificateholders and (in the absence<br />

of wilful default, fraud or manifest error) no liability to the Certificateholders shall attach to the<br />

Principal Paying Agent or the Calculation Agent in connection with the exercise or non-exercise<br />

by them or any of them of their powers duties and discretions under this Condition 8<br />

(Payment).<br />

8.5 Maintenance of Agents<br />

The Issuer will at all times maintain a Registrar, a Calculation Agent and a Payment<br />

Administrator and, for so long as the Certificates are listed on the Official List of the UK<br />

Listing Authority, a Paying Agent in <strong>London</strong>. For so long as any Certificate is outstanding, the<br />

Issuer undertakes that there will at all times be a Paying Agent located in an EU Member State<br />

that is not obliged to withhold or deduct tax pursuant to European Council Directive 2003/48/<br />

EC or any law implementing or complying with, or introduced in order to conform to, any such<br />

Directive.<br />

The Issuer reserves the right, at any time, to vary or terminate the appointment of any Paying<br />

Agent and to appoint additional or other Paying Agents.<br />

Notice of any change in any of the Paying Agents or in their specified offices shall promptly be<br />

given to the Certificateholders in accordance with Condition 15 (Notices).<br />

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