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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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Subordinated Capital Notes shall have a minimum term of five years. If the term is not<br />

determined or if the Noteholders have a right according to these Conditions (and the respective<br />

Final Terms) to redeem the Subordinated Capital Notes early or if the Subordinated<br />

Capital Notes are to be repaid upon decision of the Noteholders, a minimum notice<br />

term of five years shall be provided for. A redemption or repayment of Subordinated<br />

Capital Notes upon decision of the Issuer shall be possible (i) after a minimum term of<br />

five years after the issue of the Subordinated Capital Notes without a notice period, and<br />

(ii) in the case of § 4 para 4 at any time without a notice period, provided that the Issuer<br />

has before made available capital in the same amount and at least equal own funds quality.<br />

Set-off of the claim for payment of the redemption amount with claims of the Issuer is<br />

not permissible.<br />

Short Term Subordinated Capital Notes shall have a minimum term of at least two years.<br />

If no term is determined or if the Noteholders have the right according to these Conditions<br />

(and the respective Final Terms) to redeem the Short Term Subordinated Capital<br />

Notes or if the Short Term Subordinated Capital Notes are to be repaid upon decision of<br />

the Noteholders, a minimum notice period of two years shall be provided for. A redemption<br />

or repayment of the Short Term Subordinated Capital Notes upon decision of the Issuer<br />

shall be possible (i) after a minimum term of two years after the issue of the Short<br />

Term Subordinated Capital Notes without notice period, and (ii) in the case of § 4 para 4<br />

at any time without a notice period, provided that the Issuer has before made available<br />

capital in the same amount and at least equal own funds quality.<br />

(9) Definitions:<br />

Optional Redemption Amount means the Specified Denomination of the Notes (unless<br />

defined otherwise in items 30(ii) or 31(ii) of the Final Terms), or in the case of zero coupon<br />

Notes the Amortised Face Amount (as defined below). The Final Terms may alternatively<br />

foresee eg a redemption pursuant to a redemption table. In the case of Notes which<br />

represent Supplementary Capital or Subordinated Supplementary Capital, the net losses<br />

accrued during the term of the Notes will be deducted from the Redemption Amount prior<br />

to liquidation of the Issuer. "Net loss" shall be interpreted in accordance with sec 23 para<br />

7 of the Austrian Banking Act.<br />

Early Redemption Amount means the Specified Denomination of the Notes (unless defined<br />

otherwise in item 34 of the Final Terms), or in the case of zero coupon Notes the<br />

Amortised Face Amount (defined below), in each case plus interest accrued. The Final<br />

Terms may alternatively foresee eg a redemption pursuant to a redemption table. In the<br />

case of Notes which represent Supplementary Capital or Subordinated Supplementary<br />

Capital, the net losses accrued during the term of the Notes will be deducted from the Redemption<br />

Amount prior to liquidation of the Issuer. "Net loss" shall be interpreted in accordance<br />

with sec 23 para 7 of the Austrian Banking Act.<br />

Amortised Face Amount means (unless defined otherwise in item 34 of the Final Terms)<br />

the Redemption Amount of the Notes foreseen on the Maturity Date discounted at a rate<br />

per annum (expressed as a percentage) equal to such rate as would produce an Amortised<br />

Face Amount equal to the issue price of the Notes if they were discounted back to their<br />

84

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