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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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Early Redemption Amount for the Certificates to the creditors or arrange such payment in<br />

accordance with the relevant tax provisions or other statutory or administrative provisions<br />

and in accordance with these Conditions and the provisions of the relevant Final Terms.<br />

The creditors have to bear taxes or fees for early redemption and the Issuer does not undertake<br />

any liability in this respect.<br />

Whereby:<br />

Change of law means that due to (A) the entry into force of changes of the laws or regulations<br />

(including but not limited to tax provisions), or (B) changes of the interpretation of<br />

decisions of courts or administrative bodies, which are relevant for the respective laws or<br />

regulations (including the opinion of tax authorities), the Issuer determines that (Y) the<br />

holding, purchase or sale of the Underlyings relevant for the Certificates has become illegal,<br />

or (Z) the costs, which are linked to the obligations under the Certificates have increased<br />

substantially (including but not limited to increases of the tax burden, the decrease<br />

of tax benefits or other negative effects on such tax treatment), given that such<br />

changes are effective on or after the issue date.<br />

Hedging-Disruption shall mean that the Issuer is in no position, upon application of economically<br />

reasonable efforts, (A) to conclude, continue or settle transactions and purchase,<br />

exchange, hold or sell assets respectively, which the Issuer deems necessary for the<br />

hedging of price risks related to the Underlying (or several thereof) with regard to its obligations<br />

under the respective Certificates deemed necessary, or the Issuer (B) is in no position<br />

to realise, recover or forward the proceeds of the transactions and assets respectively;<br />

and<br />

Increased Hedging-Costs means that the Issuer has to pay a substantially higher amount<br />

(in comparison to the issue date) of taxes, charges, expenditures and fees (excluding brokerage<br />

fees) in order to (A) conclude, continue or settle transactions and purchase, exchange,<br />

hold or sell assets respectively, which the Issuer deems necessary for the hedging<br />

of price risks related to the Underlying (or several thereof) with regard to its obligations<br />

under the respective Certificates deemed necessary, or the Issuer (B) is in no position to<br />

realise, recover or forward the proceeds of the transactions and assets respectively, under<br />

the condition that amounts which have only increased due to the fact that the creditworthiness<br />

of the Issuer has decreased are not regarded as Increased Hedging Costs.<br />

(5) Early redemption by the Certificate Holder. If provided for in the Final Terms (item<br />

19), the Issuer has, if a Certificate Holder gives notice to the Issuer of his respective intention<br />

at least 15 and not more than 30 days (or within another notice period determined<br />

in the Final Terms [item 19(ii)]) in advance, to repay the respective Certificates on each<br />

early redemption date (item 19(i) of the Final Terms) (each an Early Redemption Date)<br />

at its Early Redemption Amount (as defined below) plus interest accrued. To exercise this<br />

right, the Certificate Holder has to deliver a properly completed exercise notice in the<br />

form available at the office of the Paying Agent or the Issuer. A revocation of the exercise<br />

of this right is not possible.<br />

204

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