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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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Exercise Notice to the Warrant Agent, either by irrevocable order to the Warrant Agent to<br />

retrieve the Warrants from a securities account which is, as the case may be, kept with the<br />

Warrant Agent, or by delivery of the Warrants to a securities account to be named by the<br />

Warrant Agent.<br />

(4) Payment of the Redemption Amount. After a valid exercise of the Warrants, the Issuer<br />

will credit on the Due Date (as defined below) the Redemption Amount less taxes and duties<br />

to the account named in the Exercise Notice or will procure that the Redemption<br />

Amount is transferred by the account holding entity.<br />

(5) Automatic exercise. Option rights which are not or not validly exercised pursuant to<br />

§ 6 are deemed to have been exercised on the Expiry Date, if the Redemption Amount<br />

is higher than zero (an Automatic Exercise). No Automatic Exercise shall take place<br />

in the case of Warrants which are settled by physical delivery.<br />

§ 7<br />

(Underlying)<br />

(1) Underlying. The underlying of the Warrants is the underlying or basket of underlying, as<br />

determined in the Term Sheet and in the Final Terms (item 14) (the Underlying or Basket).<br />

A description of the Underlying (including the securities code and/or the "International<br />

Security Identification Numbers – ISIN", when existing), as well as in the case of<br />

Baskets the proportional allocation of the constituents of the Basket, may be contained in<br />

the Term Sheet and in the Final Terms (item 14), upon discretion of the Issuer. A further<br />

description of the Underlying may be attached to the Final Terms when deemed necessary<br />

by the Issuer.<br />

(2) Commercial property rights. The Issuer has been granted the permission to use the<br />

commercial property rights regarding the Underlying, if required. Details are stated in the<br />

Final Terms (item 14), to the extent applicable.<br />

§ 8<br />

(Final value. Substitute value)<br />

(1) Final value. If the Final Terms (item 20) specify "price", the final value (the Final<br />

Value) shall equal the value of the Underlying as determined on the valuation date (item<br />

18 of the Final Terms) (the Valuation Date) by the Reference Stock Exchange or the<br />

Reference Agent (both as defined below) or, if the Underlying is one or more indices, as<br />

determined by the Index Calculation Agent (as defined below).<br />

If "Final Settlement Price" is specified as the final value in the Final Terms (item 20), the<br />

Final Value shall equal the final settlement price for options relating to the Underlying<br />

(the Final Settlement Price), as calculated by the Reference Stock Exchange or the Reference<br />

Agent on the Valuation Date, taking into account all changes in the manner of<br />

publication, the calculation of the Final Settlement Price or the Underlying or the composition<br />

or weighting of the prices and components on the basis of which the Underlying or<br />

the Final Settlement Price are calculated, based on an auction price determined in an in-<br />

264

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