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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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Notes. In the case of such substitution, the exchange(s), if any, on which the Notes are<br />

then listed will be notified and a supplement to the Prospectus describing the new Issuer<br />

will be prepared.<br />

§ 11<br />

(Notices)<br />

(1) Notices. All Notices relating to the Notes will be deemed to be validly given when effected<br />

as determined in the Final Terms (item 54). The Issuer shall ensure that all notices<br />

are duly and to the extent legally required published and in compliance with the requirements<br />

of the relevant authorities of each stock exchange on which the Notes are listed.<br />

Publications relating to Notes which are mandatorily required to be published in a newspaper<br />

in Austria will be published in the "Amtsblatt zur Wiener Zeitung", publications relating<br />

to Notes which are mandatorily required to be published in a newspaper in Germany<br />

will be published in the "Frankfurter Allgemeine Zeitung", unless in each case another<br />

newspaper is specified in the Final Terms (item 54), and publications regarding<br />

Notes which are not mandatorily required to be published in a newspaper are valid if they<br />

may be retrieved from the website determined in the Final Terms (item 54) or if they are<br />

forwarded to the respective Noteholder directly or via the account holding entity. Any notice<br />

so given will be deemed to have been validly given on the date of its initial publication.<br />

(2) Notice to the Clearing System. The Issuer has the right to substitute a newspaper publication<br />

according to § 11 para 1 by delivering the relevant notice to the Clearing System<br />

for communication by the Clearing System to the Noteholders, provided that, so long as<br />

any Notes are listed on any stock exchange, the rules of such stock exchange permit such<br />

form of notice. Any such notice shall be deemed to have been given to the Noteholders on<br />

the seventh day after the day on which the said notice was given to the Clearing System.<br />

§ 12<br />

(Invalidity. Modifications)<br />

(1) Severability clause. If at any time, any one or more of the provisions of the Notes is or<br />

becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction,<br />

such provision shall as to such jurisdiction, be ineffective to the extent necessary without<br />

affecting or impairing the validity, legality and enforceability of the remaining provisions<br />

hereof or of such provisions in any other jurisdiction. The invalid or unenforceable provision<br />

shall be deemed replaced by such valid, legal or enforceable provision which comes<br />

as close as possible to the original intent of the parties and the invalid, illegal or unenforceable<br />

provision. This also applies to gaps.<br />

(2) Modifications. The Issuer shall without consent of the Noteholders be entitled to rectify<br />

apparent clerical errors or miscalculations or other errors contained in these Conditions,<br />

to change and/or supplement contradictory or incomplete provisions, provided that<br />

changes and/or supplements shall only be permissible to the extent they are, after taking<br />

into account the interests of the Issuer, reasonable for the Noteholders, ie do not materially<br />

impair their financial situation. No duty to publication of changes or supplements ex-<br />

92

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