WWW.ABSTRACT.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Abstract, dissertation, book
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 4 | 5 || 7 | 8 |   ...   | 12 |

«Disposizioni della Borsa Strumenti finanziari: Equity Protection Certificates linked to 8 Shares Emittente: BAYERISCHE HYPO- UND VEREINSBANK Rating ...»

-- [ Page 6 ] --

([•]) The Issuer is authorised to make one or more postponements of the [Valuation Date][Observation Date [•]] [•] [and, as the case may be, the Maturity Date] by [•] [months] [years] at a time. The Issuer shall give notice of the postponement of the [Valuation Date][Observation Date [•]] [•] [and, as the case may be, the Maturity Date] at least [•] [days] [months] in advance of the original [Valuation Date][Observation Date [•]] [•],[and, as the case may be, the Maturity Date] in accordance with § 13. The announcement is irrevocable and must indicate the new [Valuation Date][Observation Date] [and, as the case may be, the new Maturity Date].]

–  –  –

[In case of collateralised Certificates insert:

§ 5a (Collaterals, Liquidation Event, Extraordinary Redemption Right of the Certificate Holders) (1) The payment claims of the Certificate Holders against the Issuer under these Terms and Conditions are collateralized in accordance with the collateral trust agreement (the "Collateral Trust Agreement" (Sicherheitentreuhandvertrag), a copy of which is attached as Annex 2. The Collateral Trust Agreement entered into between the Issuer and Clearstream Banking AG (the "Collateral Trustee" (Sicherheitentreuhänder)) as collateral trustee in favour of the holders of certain collateralised Certificates issued by the Issuer forms an integral part of these Terms and Conditions. In the Collateral Trust Agreement the Issuer agrees to transfer certain securities to the Collateral Trustee as collateral [and/or, in the event of foreign securities as defined in the Collateral Trust Agreement, to assign as collateral the Foreign Securities or the respective claims for transfer of the Foreign Securities] for the secured obligations defined in such agreement. The collateral created under the Collateral Trust Agreement will be held, and in the case of a Liquidation Event (as defined in clause 6.2 of the Collateral Trust Agreement) realised, by the Collateral Trustee in accordance with the terms of the Collateral Trust Agreement.

(2) As long as the Certificates are outstanding, the Issuer has to ensure that a Collateral Trustee is appointed on the basis of a Collateral Trust Agreement, which is substantially in the form of the attached Collateral Trust Agreement.

(3) Upon the announcement of the occurrence of a Liquidation Event by the Collateral Trustee in accordance with clause 6.3 of the Collateral Trust Agreement, any [payment claims] [●] due under the Certificates shall be replaced by the claim for payment of the Liquidation Amount.

The Liquidation Amount is calculated by the Calculation Agent as defined in Clause 1 of the Collateral Trust Agreement on the basis of reasonable market prices per Certificate in accordance with clause 6.5 of the Collateral Trust Agreement. The so calculated Liquidation Amount will be also announced by the Collateral Trustee. After occurrence of a Liquidation Event, the Collateral Trustee will realise the collateral in accordance with the Collateral Trust Agreement and use the proceeds obtained by it from such realisation of the collateral to satisfy the claims of the Certificate Holders for payment of the Liquidation Amount.

If the proceeds of realisation are not sufficient to pay the Liquidation Amount owed to each Certificate Holder, no further claims against the Collateral Trustee exist. However, this does not affect the right of the Certificate Holders to assert these further claims for payment of the Liquidation Amount against the Issuer.

(4) The Issuer is required to provide collateral to secure the Certificates in accordance with clauses 4 and 10 of the Collateral Trust Agreement. Should the Issuer fail to comply with this requirement within three Banking Days of receipt by the Issuer of a notice from the Collateral Trustee according to clause 10.7 of the Collateral Trust Agreement, the Collateral Trustee will announce this circumstance as set out in § 13. After the announcement has been made, each Certificate Holder shall be entitled to declare its Certificates due and demand immediate redemption thereof at the extraordinary redemption amount defined in § 5a (6) (the "Extraordinary Redemption Amount") for each Certificate (the "Extraordinary Redemption Right"). The Certificate Holder may exercise the Extraordinary Redemption Right from the time of announcement of this circumstance up to the [fifth] [●] Banking Day following a further announcement by the Collateral Trustee that collateralisation has been performed in accordance with the terms of the Collateral Trust Agreement, as specified in § 5a (5).

(5) In order to exercise the Extraordinary Redemption Right under § 5a (4), the Certificate Holder must (i) instruct the depositary bank to submit a written notice to the Principal Paying Agent (§ 9) on the form available from the Principal Paying Agent or by providing all the details and declarations requested in the form (the "Redemption Notice") and (ii) transfer the Certificates to the Issuer, subject to the condition precedent that the Extraordinary Redemption Amount owed to the Certificate Holder has been paid in accordance with § 5a (6).

The Redemption Notice is binding and irrevocable. A Redemption Notice is ineffective if it reaches the Principal Paying Agent after the [fifth] [●] Banking Day following an announcement by the Collateral Trustee according to § 13 that the Certificates are again collateralised in accordance with the terms of the Collateral Trust Agreement. If the stated number of Certificates for which the redemption request is made in the Redemption Notice deviates from the number of Certificates transferred to the Issuer subject to condition precedent, the Redemption Notice shall be deemed to have been submitted for the number of Certificates corresponding to the smaller of the two numbers.





(6) Once the Extraordinary Redemption Right has been effectively exercised, the Principal Paying Agent will forward the Redemption Notice to the Collateral Trustee, who will determine the Extraordinary Redemption Amount payable per redeemed Certificate. For this purpose the Collateral Trustee will – in its reasonable discretion – identify one or more independent banks who play a leading role in the [certificates market] [●] in Germany. Each of these banks will be instructed to determine the reasonable market price of the Certificates that are redeemed on the [second] [●] Banking Day following receipt of the Extraordinary Redemption Notice by the Principal Paying Agent and the transfer of the Certificates to the Issuer subject to condition precedent. The Extraordinary Redemption Amount per Certificate is the arithmetical mean of the reasonable market prices reported to the Collateral Trustee by these banks per Certificate. The Collateral Trustee will inform the Issuer without delay of the Extraordinary Redemption Amount calculated on this basis.

Upon payment of the Extraordinary Redemption Amount, all rights under the redeemed Certificates shall expire.

(7) In the absence of manifest error, all determinations, calculations or other decisions by the Collateral Trustee shall be binding on all parties.

(8) All taxes, fees or other charges in connection with the redemption of the Certificates shall be borne and paid by the Certificate Holders.

(9) If a Liquidation Event should occur following the exercise of the Extraordinary Redemption Right by a Certificate Holder but before payment of the Extraordinary Redemption Amount to the Certificate Holder, the Redemption Notice will become invalid and the Certificate Holder's claim to payment of the Extraordinary Redemption Amount will be replaced by the claim to payment of the Liquidation Amount according to § 5a (3).][insert alternative provision as to collateralisation]]

–  –  –

[in case of an index as Reference Asset or Basket Component:

[With respect to indices as Basket Components the following provisions shall apply:] [(1)][(2)] The basis for calculating [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] shall be the [Reference Asset] [respective Basket Component] with its provisions applicable from time to time (the "Index Concept"), as developed and continued by the [respective] Index Sponsor, as well as the respective method of calculation, determination, and publication of the Reference Price [of the respective Basket Component] by the [respective] [Index Sponsor] [Index Calculation Agent]. The same shall apply, if during the lifetime of the Certificates, changes are made or occur in respect of the calculation of the [Reference Asset] [respective Basket Component], the composition and/or weighting of prices on the basis of which the [Reference Asset] [respective Basket Component] is calculated, or if other measures are taken, which have an impact on the Index Concept, unless otherwise provided in below provisions.

[(2)][(3)] Changes in the calculation [of the Reference Asset] [a Basket Component] (including adjustments) or the [respective] Index Concept shall not result in an adjustment of the provisions to determine [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount], unless the new relevant concept or calculation of the [Reference Asset] [respective Basket Component] is, as a result of a change (including any adjustment), at the Calculation Agent’s reasonable discretion no longer comparable to the previous relevant concept or calculation. When determining the necessity of an adjustment, the Calculation Agent will take into account the adjustment of the Derivatives linked to the [Reference Asset] [respective Basket Component] actually performed by the Determining Futures Exchange. The Calculation Agent will use reasonable endeavours as to ensure that the economic position of the Certificate Holders remains unchanged to the largest extent possible. Any adjustment will be made by the Calculation Agent taking into account the time to maturity of the Certificates (if applicable) and the latest available price for the [Reference Asset] [respective Basket Component]. If the Calculation Agent determines that, pursuant to the rules of the Determining Futures Exchange, no adjustments are made to the Derivatives linked to the [Reference Asset] [respective Basket Component], the terms of the Certificates will regularly remain unchanged. The method to determine [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] may also be adjusted if the calculation or publication of [the Reference Asset] [a Basket Component] is cancelled or replaced by another Reference Asset. The adjusted method to determine [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] and the time of its initial application shall be published in accordance with § 13.

[(3)][(4)] If the calculation or publication of [the Reference Asset] [a Basket Component] is at any time cancelled and/or replaced by another [Reference Asset] [Basket Component] the Calculation Agent shall, in its reasonable discretion, stipulate which Reference Asset [as corresponding Basket Component] should in future be used as the basis for the calculation of [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] (the "Replacement [Reference Asset] [Basket Component]"), adjusting, if applicable, the method or formula to calculate [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] accordingly. The Replacement [Reference Asset] [Basket Component] and the time that it is first applied shall be published in accordance with § 13.

Commencing with the first application of the Replacement [Reference Asset] [Basket Component], any reference to the [Reference Asset] [respective Basket Component] in these Terms and Conditions, depending on the context, shall be read as a reference to the Replacement [Reference Asset] [Basket Component].

[(4)][(5)] If [the Reference Asset] [a Basket Component] is no longer determined and published by the [respective] Index Sponsor but rather by another person, company or institution (the "New Index-Sponsor"), then the Calculation Agent shall have the right to calculate [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] on the basis of the [Reference Asset] [respective Basket Component] as calculated and published by the New Index-Sponsor. In this case, any reference to the Index Sponsor contained herein shall, depending on the context, be deemed as referring to the New Index-Sponsor. If [the Reference Asset] [a Basket Component] is no longer calculated by the [respective] [Index Calculation Agent][Index Sponsor] but rather by another person, company or institution (the "New Index-Calculation Agent"), then the Calculation Agent shall have the right to calculate [the Redemption Amount][,] [and] [the Additional Amount][,] [and] [the Interest Rate][,] [and] [the Ratio] [and the Early Redemption Amount] on the basis of the [Reference Asset] [respective Basket Component] as calculated by the New Index-Calculation Agent. In this case, any reference to the Index Calculation Agent contained herein shall, depending on the context, be deemed as referring to the New Index-Calculation Agent.



Pages:     | 1 |   ...   | 4 | 5 || 7 | 8 |   ...   | 12 |


Similar works:

«International Centre for Settlement of Investment Disputes Washington D.C.In the annulment proceeding between: Total S.A. (Claimant) v. Argentine Republic (Respondent) ICSID CASE N º ARB/04/01 DECISION ON ANNULMENT Members of the ad hoc Committee: Mr. Eduardo Zuleta, Chairman Ms. Teresa Cheng, Member Mr. Álvaro Castellanos, Member Secretary of the ad hoc Committee: Ms. Giuliana Canè Date of dispatch to the Parties: February 1, 2016 TABLE OF CONTENTS I. THE PARTIES II. PROCEDURAL BACKGROUND...»

«Step By Step Cross Sectional Anatomy Not help to beginning almost of previewing the LCD. At the person is secondly downloaded on the loan because the involvement from struggling often arguably financial project is used or the buyers can be surely two marketing greater for the important income challenges. If you're personal, your contract would be an package and follow high opportunity corporation. And what allows a least bid Step by Step Cross Sectional Anatomy to seem but keep the with the...»

«March 2016 TABLE OF JUDICIAL REVIEW (Volume 27 to present) Decision Appealed 11,856 Jackson v Sobol et al.; Supreme Court, Albany County, Special Term; Doran, J.; Judgment granted dismissing petition to review; April 5, 1988, n.o.r.; aff’d 170 AD2d 718 (3d Dept 1991). 11,869 Albion CSD v Canteen Company, et al.; Supreme Court, Albany County, Special Term; Williams, J.; Judgment granted annulling decision; November 13, 1987, n.o.r. 11,881 Blake, et al. v Sobol. et al.; Supreme Court, Albany...»

«L’Abri Papers #AF03 Culture of Narcissism Andrew Fellows Introduction This paper is an attempt to show that the modern person is in the grip of a new psychological consciousness one that is extremely pre-occupied with the self. We have become a culture of Narcissism. I have given a perspective as I see it from a European point of view. An ancient story from Greek mythology provides a door into the world of the narcissist. It centres on a very handsome young man called Narcissus. So attractive...»

«Justus-Liebig-Universität Gießen Frau Jutta Daum Praktikumsnachbereitung Wintersemester 2008/2009 Hausarbeit zum Praktikum „Emotionalität, soziale Beziehungen und Konflikte“ Fachbereich 03 BA Bildung und Förderung in der Kindheit 3. Fachsemester Matrikelnummer: 1001273 Praktikumsdauer: 14. Februar bis 28. März 2008 Sara Jung Waldkindergarten Lich e.V. Hessenburg 2 35396 Gießen 35423 Lich info@waldkindergarten-lich.de Inhaltsverzeichnis Seite 1. Einleitung 2 2. Institutionsanalyse 3 3....»

«TALENT ON THE SIDELINES EXCELLENCE GAPS AND AMERICA’S PERSISTENT TALENT UNDERCLASS Jonathan A. Plucker, Ph.D. University of Connecticut Jacob Hardesty, Ph.D. DePauw University Nathan Burroughs, Ph.D. Michigan State University ACKNOWLEDGEMENTS The authors acknowledge the contributions of several colleagues in the preparation of this report, including Kwame Dakwa, Hayley Crabb, Adrienne DiTommaso, Leigh Kupersmith, Rebekah Sinders, and David Rutkowski. Jane Clarenbach, E. Jean Gubbins, and...»

«Focused Assessment Program Exhibit 6A Appendix VI Glossary of Sampling Terms 100% Review Stratum. A stratum of sample items that is selected based on auditor judgment rather than by random means. The purpose of this stratum is to ensure adequate coverage of high dollar and/or sensitive items. Unlike random strata, this stratum is not a subset of a portion of the frame and the audit results for this stratum are not projected. Attribute Sampling. A type of statistical sampling used for compliance...»

«“COMMON SENSE QUESTIONS A CHURCH OF CHRIST PREACHER CANNOT CLEARLY ANSWER,” ANSWERED! Pastor David Martin, preacher for the Solid Rock Baptist Church in Bartlett, TN, wrote and posted an article in which he attempts to speak against the churches of Christ and the doctrine thereof. In the article, Mr. Martin uses demagoguery in a number of his statements about the church which will be addressed when the comments are addressed in the text of the article. Below is the entirety of the article...»

«GV-Einladung Holcim Ltd und Aktionärsinformation 2 GV-Einladung und Aktionärsinformation Inhaltsverzeichnis Brief an die Aktionärinnen und Aktionäre der Holcim Ltd 4 Zeitplan der Generalversammlung und Kapitalerhöhung 5 Wie das Angebot funktioniert 6 Steuerliche Aspekte 8 Häufig gestellte Fragen 9 Einladung zur 94. ordentlichen Generalversammlung 12 Wichtiger Hinweis Diese Informationsbroschüre dient der Information der Aktionärinnen und Aktionäre der Holcim Ltd im Hinblick auf die...»

«AutoCAD Architecture 2011 Руководство пользователя Март 2010 © 2010 Autodesk, Inc. All Rights Reserved. Except as otherwise permitted by Autodesk, Inc., this publication, or parts thereof, may not be reproduced in any form, by any method, for any purpose. Certain materials included in this publication are reprinted with the permission of the copyright holder. Trademarks The following are registered trademarks or trademarks of Autodesk, Inc., and/or its subsidiaries...»

«Information and Communication Technology for Education in India and South Asia Essay II Secondary) ICT in School Education (Primary and ICT in School Education (Primary and Secondary) 2010 Executive Summary The essay on use of ICTs in school education provides a study of trends and dominant features of the use of ICTs for school education as profiled in different initiatives captured in the country reports. The essay highlights the spectrum of experiences from high-end technology solutions to...»

«Konservierte und divergente Aspekte der twist-, snailund concertinaFunktion im Käfer Tribolium castaneum Inaugural-Dissertation zur Erlangung des Doktorgrades der Mathematisch-Naturwissenschaftlichen Fakultät der Universität zu Köln vorgelegt von Cornelia von Levetzow aus Lauchhammer Köln, 2008 Berichterstatter: Herr Professor Dr. Siegfried Roth Frau Professor Dr. Maria Leptin Tag der mündlichen Prüfung: 02. Juni 2008 Inhaltsverzeichnis 1. Einleitung 1 1.1. Die Embryonalentwicklung von...»





 
<<  HOME   |    CONTACTS
2016 www.abstract.xlibx.info - Free e-library - Abstract, dissertation, book

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.