31.01.2013 Views

Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(Prescription)<br />

Claims against the Issuer for payments in respect of the Notes shall be prescribed and become<br />

void unless made within ten years (in respect of the principal) and within three years (in respect<br />

of interest).<br />

§ 8<br />

(Waiver of termination. Information obligations)<br />

(1) Waiver of termination. The Noteholders waive their ordinary right of termination of the<br />

Notes unless these Conditions do not explicitly state otherwise.<br />

(2) Covered Notes. If bankruptcy proceedings are opened against the Issuer by a competent<br />

Austrian court, the Covered Notes (but no other Notes) will, subject to the following sentence,<br />

not become due and payable in the event that the relevant pool of cover assets has<br />

been transferred to an appropriate credit institution and the Noteholder may enforce its<br />

claim under the Notes up to the shortfall (or estimated shortfall, as the case may be) by<br />

which such claims are not covered by the liquidation proceeds of the respective relevant<br />

pool of cover assets. Where the respective pool of cover assets is not transferred to another<br />

credit institution in accordance with Austrian law, and provided the assets listed in<br />

the relevant register are not sufficient to satisfy the claims of all Noteholders, the relevant<br />

pool of cover assets for the Notes will be liquidated upon application by the special administrator<br />

for the pool of cover assets and approval by the competent bankruptcy court,<br />

and the Notes will be deemed to be due and payable by operation of applicable law.<br />

(3) Supplementary capital. In the case of Supplementary Capital Notes or Subordinated<br />

Supplementary Capital Notes, the Issuer will give notice to the Noteholders in accordance<br />

with § 11 in case payment of interest can not be made in full or in case the Notes shared<br />

in net losses of the Issuer. Such notice shall be given after the annual accounts of the Issuer<br />

have been determined which state the amount of interest payable and/or that the<br />

Notes share, or continue to share, in net losses of the Issuer.<br />

§ 9<br />

(Agents)<br />

(1) Appointment. The Principal Paying Agent, the Paying Agent(s) and the Calculation<br />

Agent (together the Agents) and their offices mean:<br />

Principal Paying Agent:<br />

The Principal Paying Agent determined in the Final Terms (item 50).<br />

Paying Agent:<br />

One (or more) Paying Agent(s) determined in the Final Terms (item 51).<br />

89

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!