Common use of Introduction Clause in Contracts

Introduction. This document constitutes a base prospectus pursuant to Article 5, paragraph (4) of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 as amended from time to time (the "Prospectus Directive") and as implemented into German law by § 6 of the German Securities Prospectus Act (tÉêíé~éáÉêéêçëéÉâíÖÉëÉíò Ó "WpPG") in connection with Regulation (EC) No. 809/2004 of 29 April 2004 as amended from time to time (the "Base Prospectus" or the "Prospectus"). The subject matter of the Base Prospectus is the issuance of or the increase of issued Constant Leverage Certificates (the "Securities") which either will be publicly offered or will be placed in application of an exceptional case pursuant to § 3 paragraph 2 WpPG and at the same time admitted to trading on a regulated market. The Issuer has made an application for approval of the Base Prospectus to the Federal Financial Supervisory Authority (_ìåÇÉë~åëí~äí ÑΩê cáå~åòÇáÉåëíäÉáëíìåÖë~ìÑëáÅÜí – "BaFin") as competent authority. The BaFin approved the Base Prospectus after completing a review of this document for completeness, including a review of the coherence and comprehensibility of the information provided pursuant to § 13 paragraph 1 sentence 2 WpPG. Following the date of approval of the Base Prospectus, events and changes may occur, which render the information contained in the Base Prospectus incorrect and/or incomplete. The Issuer will publish a supplement to the Base Prospectus in accordance with § 16 WpPG in case of a significant new factor or a material mistake or inaccuracy with respect to the information contained in the Base Prospectus. In order to be able to conduct a public offer and/or a listing of the Securities on a regulated market (within the meaning of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004) in Italy, the Issuer has applied for the notification of the Base Prospectus into Italy pursuant to §§ 17, 18 WpPG. The Issuer reserves the right to apply for the notification of the Base Prospectus into further member states of the European Economic Area. The Base Prospectus must be read in connection with the information contained in (i) the registration document of the Issuer and the registration document of the Guarantor which are incorporated by reference into the Base Prospectus (see chapter XIII. on page 187 of the Base Prospectus), (ii) the respective final terms of the offer as drawn up in connection with the Securities (the "Final Terms") and (iii) any supplement to the Base Prospectus pursuant to § 16 WpPG. The Base Prospectus, the respective registration documents and any supplements thereto are accessible on the webpage xxxxx://xxxxxxxxxxxx.xxxxxxxx.xxx under the section <<Legal Documents>>, whereby the Final Terms for a particular issue are accessible by entry of the respective ISIN on the webpage xxxxx://xxxxxxxxxxxx.xxxxxxxx.xxx. No one has the right to disseminate any information or make statements that are not included in the Base Prospectus in connection with the issue, sale and offering of the Securities. The Issuer and the Offeror reject any liability for information from third parties that are not contained in the Base Prospectus. Neither the Base Prospectus or any supplements thereto nor the respective Final Terms shall constitute an offer or a solicitation to any person to buy any Securities and should not be construed as a recommendation of the Issuer to purchase securities. The distribution of the Base Prospectus and the offer and sale of Securities may be subject to legal restrictions in certain jurisdictions. Persons into whose possession the Base Prospectus or Securities pass are obliged to inform themselves about and comply with such restrictions, in particular restrictions in connection with the distribution of the Base Prospectus and the offer or sale of Securities in the United States of America and the offer or sale of Securities in the member states of the European Economic Area (see section VI.8 on page 63 et seq. of the Base Prospectus).

Introduction. This document constitutes a base prospectus pursuant to Article 5, paragraph (4) of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 as amended from time to time (the "Prospectus Directive") and as implemented into German law by § 6 of the German Securities Prospectus Act (tÉêíé~éáÉêéêçëéÉâíÖÉëÉíò Ó Mertpapierprospehtφesetz − "WpPG") in connection with Regulation (EC) No. 809/2004 of 29 April 2004 as amended from time to time (the "Base Prospectus" or the "Prospectus"). The subject matter of the Base Prospectus is the issuance of or the increase of issued Constant Leverage Certificates (the "Securities") which either will be publicly offered or will be placed in application of an exceptional case pursuant to § 3 paragraph 2 WpPG and at the same time admitted to trading on a regulated market. The Issuer has made an application for approval of the Base Prospectus to the Federal Financial Supervisory Authority (_ìåÇÉë~åëí~äí ÑΩê cáå~åòÇáÉåëíäÉáëíìåÖë~ìÑëáÅÜí Buudesaustalt für Fiuauzdieustleistuuφsaufsicht – "BaFin") as competent authority. The BaFin approved the Base Prospectus after completing a review of this document for completeness, including a review of the coherence and comprehensibility of the information provided pursuant to § 13 paragraph 1 sentence 2 WpPG. Following the date of approval of the Base Prospectus, events and changes may occur, which render the information contained in the Base Prospectus incorrect and/or incomplete. The Issuer will publish a supplement to the Base Prospectus in accordance with § 16 WpPG in case of a significant new factor or a material mistake or inaccuracy with respect to the information contained in the Base Prospectus. In order to be able to conduct a public offer and/or a listing of the Securities on a regulated market (within the meaning of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004) in Italy, the Issuer has applied for the notification of the Base Prospectus into Italy pursuant to §§ 17, 18 WpPG. The Issuer reserves the right to apply for the notification of the Base Prospectus into further member states of the European Economic Area. The Base Prospectus must be read in connection with the information contained in (i) the registration document of the Issuer and the registration document of the Guarantor which are incorporated by reference into the Base Prospectus (see chapter XIII. on page 187 of the Base Prospectus), (ii) the respective final terms of the offer as drawn up in connection with the Securities (the "Final Terms") and (iii) any supplement to the Base Prospectus pursuant to § 16 WpPG. The Base Prospectus, the respective registration documents and any supplements thereto are accessible on the webpage xxxxx://xxxxxxxxxxxx.xxxxxxxx.xxx under the section <<Legal Documents>>, whereby the Final Terms for a particular issue are accessible by entry of the respective ISIN on the webpage xxxxx://xxxxxxxxxxxx.xxxxxxxx.xxx. No one has the right to disseminate any information or make statements that are not included in the Base Prospectus in connection with the issue, sale and offering of the Securities. The Issuer and the Offeror reject any liability for information from third parties that are not contained in the Base Prospectus. Neither the Base Prospectus or any supplements thereto nor the respective Final Terms shall constitute an offer or a solicitation to any person to buy any Securities and should not be construed as a recommendation of the Issuer to purchase securities. The distribution of the Base Prospectus and the offer and sale of Securities may be subject to legal restrictions in certain jurisdictions. Persons into whose possession the Base Prospectus or Securities pass are obliged to inform themselves about and comply with such restrictions, in particular restrictions in connection with the distribution of the Base Prospectus and the offer or sale of Securities in the United States of America and the offer or sale of Securities in the member states of the European Economic Area (see section VI.8 on page 63 et seq. of the Base Prospectus).