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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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(2) Payments on a Business Day. If the due date for payment of any amount in respect of<br />

any Certificate is not a Business Day then the Certificate Holder shall not be entitled to<br />

payment until the next such day in the relevant place and shall not be entitled to further<br />

interest or other payment in respect of such deferral.<br />

Business Day means a day which is a day (other than a Saturday or a Sunday) on which<br />

(i) the Clearing System operates, (ii) the banks in Vienna, Luxembourg and on the relevant<br />

business place are open for commercial operations (including foreign exchange<br />

business and foreign currency deposit business) and, in the case the Specified Currency<br />

(or one of the Specified Currencies) is Euro, (iii) all relevant parts of the Trans-European<br />

Automated Real-Time Gross Settlement Express Transfer ("TARGET") System for the<br />

settlement of payments are operating.<br />

Where adjustments with regard to certain dates in these Conditions and/or the Final<br />

Terms are required, the following definitions shall apply:<br />

(a) In the case of application of the Following Business Day Convention the date is<br />

postponed to the next day which is a Business Day.<br />

(b) In the case of application of the Modified Following Business Day Convention the<br />

date is postponed to the next day which is a Business Day unless it would thereby<br />

fall into the next calendar month, in which event the payment date shall be the immediately<br />

preceding Business Day.<br />

(c) In the case of application of the Floating Rate Convention ("FRN Convention") the<br />

date is postponed to the next day which is a Business Day unless it would thereby<br />

fall into the next calendar month, in which event (i) the payment date shall be the<br />

immediately preceding Business Day and (ii) each subsequent payment date shall<br />

be the last Business Day in the month which falls into a specified period after the<br />

preceding applicable payment date.<br />

(d) In the case of application of the Preceding Business Day Convention the date shall<br />

be brought forward to the immediately preceding Business Day.<br />

(3) Deposition with a court. The Issuer may deposit with the competent court amounts not<br />

claimed by Certificate Holders within twelve months after the relevant due date, even if<br />

such Certificate Holders may not be in a default of acceptance of payment. If and to the<br />

extent that the deposit is effected and the right of withdrawal is waived, the respective<br />

claims of such Certificate Holders against the Issuer shall cease.<br />

(4) Costs. All taxes, fees or other duties in connection with cash payments or the redemption<br />

of the Certificates shall be borne by the Certificate Holders.<br />

(5) Default interest. When the Issuer does not perform a due payment under the Certificates<br />

because of whatsoever reason, the outstanding amount shall bear default interest of two<br />

percentage points above the base interest rate from and including the due date to and ex-<br />

206

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