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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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(4) No obligation. Neither the Issuer nor a Paying Agent nor the Warrant Agent shall be<br />

obliged to register the respective Warrantholder or any other person as shareholder before<br />

or after a conversion in whatsoever register, to register, to notify the issuer of an Underlying<br />

or to take the responsibility that such is effected.<br />

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

the Warrants is not a Business Day, the Warrantholder shall have no right to payment<br />

prior to the next Business Day in the relevant place and shall not be entitled to further interest<br />

or other payment in respect of such delay.<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 at the respective<br />

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

business and foreign currency deposit business) and, when the Specified Currency (or one<br />

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

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

of payments are operating.<br />

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

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

Warrantholders may not be in a default of acceptance of payment. If and to the extent that<br />

the deposit is effected and the right of withdrawal is waived, the respective claims of such<br />

Warrantholders against the Issuer shall cease.<br />

(7) Default interest. When the Issuer does not perform a due payment under the Warrants<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 excluding<br />

the date of complete payment. The base interest rate applicable on the last calendar<br />

day of a mid-year shall be applicable for the next half year.<br />

§ 13<br />

(Taxation)<br />

(1) No tax gross up. All payments in relation to the Warrants will be made free and clear of,<br />

and without withholding or deduction for, any taxes, duties, assessments or governmental<br />

charges of whatever nature imposed, levied, collected, withheld or assessed by the Republic<br />

of Austria or any political subdivision or any authority of or in the Republic of<br />

Austria that has power to tax, unless that withholding or deduction is already or shall in<br />

the future be required by law. In such case, the Issuer will withhold or deduct the respective<br />

taxation at source and pay the amounts deducted or withheld to the competent authorities.<br />

The Issuer is not obliged to pay any additional amounts as a result of such deduction or<br />

withholding to the Warrantholders.<br />

(2) Tax information. Information regarding the tax treatment of the Warrantholders is contained<br />

in the Base Prospectus of the EUR 3,000,000,000 Issuance Programme dated 11<br />

274

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