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.

(2) References.<br />

New Issuer has its domicile or tax residence all amounts required for the performance<br />

of the payment obligations arising from or in connection with the Warrants.<br />

(a) in the event of a substitution pursuant to § 16 para 1, any reference in these Conditions<br />

to the Issuer shall be a reference to the New Issuer and any reference to the<br />

Republic of Austria shall be a reference to the New Issuer's country of domicile for<br />

tax purposes.<br />

(b) In § 11 para 4 and § 13, if such reference would be missing as a result of the foregoing<br />

paragraph, an alternative reference to the Republic of Austria shall be<br />

deemed to have been included in addition to the reference according to the preceding<br />

sentence to the New Issuer's country of domicile for tax purposes.<br />

(3) Notice and effectiveness of substitution. Notice of any substitution of the Issuer shall be<br />

given by publication in accordance with § 17. Upon such publication, the substitution<br />

shall become effective, and the Issuer, and in the event of a repeated application of this §<br />

16, any previous new Issuer, shall be discharged from any and all obligations under the<br />

Warrants. In the case of such substitution, the exchange(s), if any, on which the Warrants<br />

are then listed will be notified and a supplement to the Prospectus describing the new Issuer<br />

will be prepared.<br />

§ 17<br />

(Notices)<br />

(1) Notices. All Notices relating to the Warrants will be deemed to be validly given when<br />

effected as determined in the Final Terms (item 35). The Issuer shall ensure that all notices<br />

are duly and to the extent legally required published and in compliance with the requirements<br />

of the relevant authorities of each stock exchange on which the Warrants are<br />

listed. Publications relating to Warrants which are mandatorily required to be published in<br />

a newspaper in Austria will be published in the "Amtsblatt zur Wiener Zeitung", publications<br />

relating to Warrants which are mandatorily required to be published in a newspaper<br />

in Germany will be published in the "Frankfurter Allgemeine Zeitung", unless in each<br />

case another newspaper is specified in the Final Terms (item 35), and publications regarding<br />

Warrants which are not mandatorily required to be published in a newspaper are<br />

valid if they may be retrieved from the website determined in the Final Terms (item 35)<br />

or if they are forwarded to the respective Warrantholder directly or via the account holding<br />

entity.Any notice so given will be deemed to have been validly given on the date of<br />

its initial publication.<br />

(2) Notice to the Clearing System. Until such date, where definite notes will be issued, the<br />

Issuer has the right to substitute a newspaper publication according to § 17 para 1 by delivering<br />

the relevant notice to the Clearing System for communication by the Clearing<br />

System to the Warrantholders, provided that, so long as any Warrants are listed on any<br />

stock exchange, the rules of such stock exchange permit such form of notice. Any such<br />

277

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

Saved successfully!

Ooh no, something went wrong!