AVVISO n.13415 26 Agosto 2009 SeDeX − LEV. CERTIFICATES
AVVISO n.13415 | 26 Agosto 2009 | SeDeX − LEV. CERTIFICATES |
Mittente del comunicato : Borsa Italiana
Societa' oggetto dell'Avviso
: ABN AMRO BANK
Oggetto : Inizio negoziazione 'Leverage Certificates' 'ABN AMRO BANK'
Testo del comunicato
Si veda allegato.
Disposizioni della Borsa
Strumenti finanziari: Mini Futures Certificates su Indici
Emittente: ABN AMRO BANK
Rating Emittente: Società di rating
Long term
Data report
Moody's Aa3 04/08/2009
Standard & Poor's A+ 01/04/2009
Fitch AA- 17/10/2008
Oggetto: INIZIO NEGOZIAZIONI IN BORSA
Data di inizio negoziazioni: 27/08/2009
Mercato di quotazione: Borsa - Comparto SEDEX “Leverage Certificates” Orari e modalità di negoziazione: Negoziazione continua e l’orario stabilito dall’art.
IA.5.1.5 delle Istruzioni
Operatore incaricato ad assolvere l’impegno di quotazione:
ABN AMRO Bank N.V.
Member ID Specialist: MM1393
CARATTERISTICHE SALIENTI DEI TITOLI OGGETTO DI QUOTAZIONE
Mini Futures Certificates su Indici
Tipo di liquidazione: monetaria
Modalità di esercizio: europeo
DISPOSIZIONI DELLA BORSA ITALIANA
Dal giorno 27/08/2009, gli strumenti finanziari "Mini Futures Certificates su Indici" (vedasi scheda riepilogativa delle caratteristiche dei securitised derivatives) verranno inseriti nel Listino Ufficiale, sezione Securitised Derivatives.
Allegati:
- Scheda riepilogativa delle caratteristiche dei securitised derivatives;
- Estratto del prospetto di quotazione dei Securitised Derivatives
Num. Serie | Codice Isin | Local Market TIDM | TIDM | Short Name | Long Name | Sottostante | Tipologia | Strike | Data Scadenza | Parità | Quantità | Lotto Negoziazione | EMS | Prima Barriera |
4 | NL0009057223 | X00000 | X0XX | X00000XX000XX | ABNSP500SLML850AB876E140119 | S&P 500 | Bull | 850 | 14/01/19 | 0,001 | 500000 | 10 | 20100 | 876 |
5 | NL0009057231 | X00000 | X0XX | X00000XXXXX | ABNRDXSLML900AB990E140119 | Russian Depository | Bull | 900 | 14/01/19 | 0,001 | 000000 | 00 | 00000 | 000 |
Final Terms
DATED 8 July 2009
ABN AMRO Bank N.V.
(incorporated in The Netherlands with its statutory seat in Amsterdam)
Up to 1,000,000 Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates Indicative Issue Price: EUR 0.322
Up to 1,000,000 Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates Indicative Issue Price: EUR 0.222
Up to 500,000 DAX® Index Mini Future Long Certificates Indicative Issue Price: EUR 0.707
Up to 500,000 S&P 500® Index Mini Future Long Certificates Indicative Issue Price: EUR 0.067
Up to 400,000 Russian Depository Index Mini Future Long Certificates Indicative Issue Price: EUR 0.220
UP TO 800,000 DOW XXXXX INDUSTRIAL AVERAGESM INDEX MINI FUTURE LONG CERTIFICATES INDICATIVE ISSUE PRICE: EUR 0.112
Up to 800,000 Nikkei 225 Index Mini Future Long Certificates Indicative Issue Price: EUR 0.145
Up to 1,500,000 FTSE MIB Index Mini Future Long Certificates Indicative Issue Price: EUR 0.240
Up to 1,500,000 FTSE MIB Index Mini Future Long Certificates Indicative Issue Price: EUR 0.190
The Securities have not been registered under the United States Securities Act of 1933, as amended (the Securities Act) or the securities laws of any state or political subdivision of the United States, and may not be offered, sold, transferred or delivered, directly or indirectly, in the United States or to, or for the account or benefit of, any U.S. person, except pursuant to an exemption from, or in a transaction not subject to the requirements of the Securities Act and any applicable U.S. state securities laws. The Securities are being offered and sold only: (i) outside the United States to persons other than U.S.
persons (as defined in Regulation S under the Securities Act) in offshore transactions that meet the requirements of Regulation S under the Securities Act; and (ii) only with respect to the Equity Certificates (as defined herein) in registered form to U.S. persons who are "qualified institutional
buyers" (as defined in Rule 144A of the Securities Act). Furthermore, trading in the Securities has not been approved by the United States Commodity Futures Trading Commission under the United States Commodity Exchange Act, as amended and no U.S. person may at any time trade or maintain a position in the Securities.
These Final Terms, the Certificates Base Prospectus, as supplemented from time to time and any additional information with regard to Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates, Dax® Index Mini Future Long Certificates, S&P 500® Index Mini Future Long Certificates, Russian Depository Index Mini Future Long Certificates, Dow Xxxxx Industrial AverageSM Index Mini Future Long Certificates, Nikkei 225 Index Mini Future Long Certificates and FTSE MIB Index Mini Future Long Certificates shall be published on the Issuer’s website: xxx.xxxxxxx.xx/xxxxxxx
FINAL TERMS
Terms used herein shall be deemed to be defined as such for the purposes of the General Conditions and the Product Conditions applicable to each Series of Securities described herein (the “relevant Product Conditions”) as set forth in the Base Prospectus relating to Certificates dated 1 July 2009 (the “Base Prospectus”) as supplemented from time to time which constitutes a base prospectus for the purposes of the Prospectus Directive (Directive 2003/71/EC) (the “Prospectus Directive”). This document constitutes the Final Terms of each Series of the Securities described herein for the purposes of Article 5.4 of the Prospectus Directive and must be read in conjunction with the Base Prospectus as so supplemented. Full information on the Issuer and each Series of the Securities described herein is only available on the basis of the combination of these Final Terms and the Base Prospectus as so supplemented. The Base Prospectus as so supplemented is available for viewing at the office of the Issuer at 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx and copies may be obtained from the Issuer at that address.
These Final Terms relate to the Securities and must be read in conjunction with, and are subject to, the General Conditions and the relevant Product Conditions contained in the Base Prospectus as so supplemented. These Final Terms, the relevant Product Conditions and the General Conditions together constitute the Conditions of each Series of the Securities described herein and will be attached to any Global Security representing each such Series of the Securities. In the event of any inconsistency between these Final Terms and the General Conditions or the relevant Product Conditions, these Final Terms will govern.
The Netherlands Authority for the Financial Markets has provided the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Financial Market Authority (FMA), Commission Bancaire, Financiere et des Assurances (CBFA), Comisión Nacional del Mercado de Valores (CNMV), Comissão do Mercado de Valores Mobiliários (CMVM), Autorité des Marchés Financiers (AMF), Irish Financial Services Regulatory Authority (IFSRA), Commissione Nazionale per le Societa e la Borsa (CONSOB), Commission de Surveillance du Secteur Financier (CSSF), Financial Services Authority (FSA), Financial Supervisory Authority (FIN-FSA), the Danish Financial Services Authority (Finanstilsynet), the Swedish Financial Supervisory Authority, the Czech National Bank (CNB) and Comisia Nationala a Valorilor Mobiliare (CNVM) with a certificate of approval attesting that the Base Prospectus has been drawn up in accordance with the Prospectus Directive.
So far as the Issuer is aware, no person (other than (i) the Issuer, (ii) the Calculation Agent, see “Risk Factors – Actions taken by the Calculation Agent may affect the Underlying” and “Risk Factors – Actions taken by the Issuer may affect the value of the Securities” in the Base Prospectus and (iii) the third party distributors) involved in the issue of the Certificates has an interest material to the offer.
Issuer: ABN AMRO Bank N.V., acting through its principal office at Gustav Xxxxxxxxxx 00, 0000 XX Xxxxxxxxx, Xxx Xxxxxxxxxxx or its London branch at 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX
Clearing Agents: Monte Titoli S.p.A., Milan
Euroclear Bank S.A./N.V. as operator of the Euroclear system
Clearstream Banking, société anonyme
Launch Date: 8 July 2009
Subscription Period: Not Applicable As, if and when issued trading: Not Applicable Issue Date: 8 July 2009
Listing: Milan Stock Exchange (SeDeX)
Listing Date: The Issue Date or as soon as practicable thereafter
Pricing Date: Not Applicable
Admission to trading: Application will be made for the Securities to be
admitted to trading on the Milan Stock Exchange (SeDeX) with effect from the Listing Date
Announcements to Holders: Delivered to Borsa Italiana S.p.A for delivery to the
market
Principal Agent: ABN AMRO Bank N.V., 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX
Registrar: None
Agent(s): BNP Paribas Milan
Calculation Agent: ABN AMRO Bank N.V., 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX
Indication of yield: Not Applicable
INDEX EXPRESS CERTIFICATES
Series: Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates
Issue Price: EUR 0.322 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 2,266 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 3%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 2,200 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day
Early Termination Amount:
following the Listing Date
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the
Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: Dow Xxxxx Euro STOXX 50® Index (Bloomberg Code: SX5E <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation
Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex A to the Final Terms and containing all the key characteristics of the Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057199
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: SX5E <INDEX>
Website: xxx.xxxxx.xxx and xxx.xxxxxxxxxxxxx.xx Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): STOXX and Xxx Xxxxx have no relationship to the Issuer, other than the licensing of the Dow Xxxxx Euro STOXX 50® Index and the related trademarks for use in connection with the Securities.
STOXX and Dow Xxxxx do not:
◼ Sponsor, endorse, sell or promote the Securities.
◼ Recommend that any person invest in the Securities or any other securities.
◼ Have any responsibility or liability for or make any decisions about the timing, amount or pricing of the Securities.
◼ Have any responsibility or liability for the administration, management or marketing of the Securities.
◼ Consider the needs of the Securities or the owners of the Securities in determining, composing or calculating the Dow Xxxxx Euro STOXX 50® Index or have any obligation to do so.
STOXX and Xxx Xxxxx will not have any liability in connection with the Securities. Specifically,
STOXX and Dow Xxxxx do not make any warranty, express or implied and disclaim any and all warranty about:
• The results to be obtained by the Securities, the owner of the Securities or any other person in connection with the use of the Dow Xxxxx Euro STOXX 50® Index and the data included in the Dow Xxxxx Euro STOXX 50® Index;
• The accuracy or completeness of the Dow Xxxxx Euro STOXX 50® Index and its data;
• The merchantability and the fitness for a particular purpose or use of the Dow Xxxxx Euro STOXX 50® Index and its data;
STOXX and Dow Xxxxx will have no liability for any errors, omissions or interruptions in the Dow Xxxxx Euro STOXX 50® Index or its data;
Under no circumstances will STOXX or Xxx Xxxxx be liable for any lost profits or indirect, punitive, special or consequential damages or losses, even if STOXX or Xxx Xxxxx knows that they might occur.
The licensing agreement between the Issuer and STOXX is solely for their benefit and not for the benefit of the owner of the Securities or any other third parties.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates
Issue Price: EUR 0.222 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 2,369 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 3%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 2,300 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: Dow Xxxxx Euro STOXX 50® Index (Bloomberg Code: SX5E <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex A to the Final Terms and containing all the key characteristics of the Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057207
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: SX5E <INDEX>
Website: xxx.xxxxx.xxx and xxx.xxxxxxxxxxxxx.xx Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): STOXX and Xxx Xxxxx have no relationship to the Issuer, other than the licensing of the Dow Xxxxx Euro STOXX 50® Index and the related trademarks for use in connection with the Securities.
STOXX and Dow Xxxxx do not:
◼ Sponsor, endorse, sell or promote the Securities.
◼ Recommend that any person invest in the Securities or any other securities.
◼ Have any responsibility or liability for or make any decisions about the timing, amount or pricing of the Securities.
◼ Have any responsibility or liability for the administration, management or marketing of the Securities.
◼ Consider the needs of the Securities or the owners of the Securities in determining, composing or calculating the Dow Xxxxx Euro STOXX 50® Index or have any obligation to do so.
STOXX and Xxx Xxxxx will not have any liability in connection with the Securities. Specifically,
STOXX and Dow Xxxxx do not make any warranty, express or implied and disclaim any and all warranty about:
• The results to be obtained by the Securities, the owner of the Securities or any other person in connection with the use of the Dow Xxxxx Euro STOXX 50® Index and the data included in the Dow Xxxxx Euro STOXX 50® Index;
• The accuracy or completeness of the Dow Xxxxx Euro STOXX 50® Index and its data;
• The merchantability and the fitness for a particular purpose or use of the Dow Xxxxx Euro STOXX 50® Index and its data;
STOXX and Dow Xxxxx will have no liability for any errors, omissions or interruptions in the Dow Xxxxx Euro STOXX 50® Index or its data;
Under no circumstances will STOXX or Xxx Xxxxx be liable for any lost profits or indirect, punitive, special or consequential damages or losses, even if STOXX or Xxx Xxxxx knows that they might occur.
The licensing agreement between the Issuer and STOXX is solely for their benefit and not for the benefit of the owner of the Securities or any other third parties.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: DAX® Index Mini Future Long Certificates
Issue Price: EUR 0.707 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 4,488 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 2%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 4,400 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: DAX® Index (Bloomberg Code: DAX <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Not Applicable
Notional Dividend Period: Not Applicable Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex B to the Final Terms and containing all the key characteristics of the DAX® Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057215
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: DAX <INDEX>
Website: xxx.xxxxxxxx-xxxxxx.xxx and xxx.xxxxxxxxxxxxx.xx
Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): These Securities are neither sponsored nor promoted, distributed or in any other manner supported by Deutsche Börse AG (the “Licensor”). The Licensor does not give any explicit or implicit warranty or representation, neither regarding the results deriving from the use of the Index and/or Index Trademark nor regarding the Index value at a certain point in time or on a certain date nor in any other respect. The Index is calculated and published by the Licensor. Nevertheless, as far as admissible under statutory law the Licensor will not be liable vis-à-vis third parties, including investors, to point out potential errors in the Index.
Neither the publication of the Index by the Licensor nor the granting of a license regarding the Index as well as the Index Trademark for the utilisation in connection with the Securities or other securities or financial products, which derived from the Index, represents a recommendation by the Licensor with respect to the attractiveness on an investment in this product.
In its capacity as sole owner of all rights to the Index and the Index Trademark the Licensor has solely licensed to the Issuer of the Securities the utilisation of the Index and the Index Trademark as well as any reference to the Index and the Index Trademark in connection with the Securities.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official
positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: S&P 500® Index Mini Future Long Certificates
Issue Price: EUR 0.067 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 876 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 3%
Current Spread: 2.50%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 850 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: S&P 500® Index (Bloomberg Code: SPX <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: USD
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex C to the Final Terms and containing all the key characteristics of the S&P 500® Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057223
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: SPX <INDEX>
Website: xxx.xxxxxxxxxxxxxxxx.xxx and xxx.xxxxxxxxxxxxx.xx
Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): Standard & Poor’s®”, “S&P®”, “S&P 500®”, “Standard & Poor’s 500”, and “500” are trademarks of The McGraw-Xxxx Companies, Inc. and have been licensed for use by the Issuer. The Securities are not sponsored, endorsed, sold or promoted by Standard & Poor’s and Standard & Poor’s makes no representation regarding the advisability of investing in the Product.
This product is not sponsored, endorsed, sold or promoted by Standard & Poor’s, a division of McGraw-Xxxx, Inc. (“S&P”). S&P makes no representation or warranty, express or implied, to the owners of the product(s) or any members of the public regarding the advisability of investing in securities generally or in the Products particularly or the ability of the S&P Index to track general stock market performance. S&P’s only relationship to the Licensee is the licensing of certain trademarks and trade names of S&P and of the S&P Index which is determined, composed and calculated by S&P without regard to the Issuer or the products. S&P have no obligation to take the needs of the Issuer or the owners of the product(s) into consideration in determining, composing or calculating the S&P Index. S&P is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the products to be issued or in the determination or calculation of the equation by which the products are to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the products.
S&P DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE S&P INDEX OR ANY DATA INCLUDED THEREIN AND S&P SHALL HAVE NO LIABILITY FOR ERRORS, OMISSIONS OR INTERRUPTIONS THEREIN. S&P MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCTS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE S&P INDEX OR ANY DATA INCLUDED THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE S&P INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL S&P HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: Russian Depository Index Mini Future Long Certificates
Issue Price: EUR 0.22 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 990 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 10%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 900 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: Russian Depository Index (Bloomberg Code: RDX <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex D to the Final Terms and containing all the key characteristics of the Russian Depository Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057231
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: RDX <INDEX>
Website: xxx.xxxxxxxxxxx.xx and xxx.xxxxxxxxxxxxx.xx
Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): These ABN AMRO Bank NV products are not in any way sponsored, endorsed, sold or promoted by Wiener Borse AG (“WBAG”) and the Licensor makes no warranty or representation whatsoever, express or implied, either as to the results to be obtained from the use of the Russian Depository Index (“the Index”) and/or the figures at which the said Index stands at any particular time on any particular day or otherwise. The Index is compiled and calculated by WBAG.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: Dow Xxxxx Industrial AverageSM Index Mini Future Long Certificates
Issue Price: EUR 0.112 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 7,416 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 3%
Current Spread: 2.50%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 7,200 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.0001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: Dow Xxxxx Industrial AverageSM Index (Bloomberg Code: DJI <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: USD
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex E to the Final Terms and containing all the key characteristics of the Dow Xxxxx Industrial AverageSM Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00
a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057249
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: DJI <INDEX>
Website: xxx.xxxxxxxxxx.xxx and xxx.xxxxxxxxxxxxx.xx
Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): "Dow Xxxxx", "Dow Xxxxx Industrial Average" and "DJIA" are service marks of Dow Xxxxx & Company, Inc. and have been licensed for use for certain purposes by the Issuer. The Issuers Securities based on the Dow Xxxxx Industrial AverageSM, are not sponsored, endorsed, sold or promoted by Dow Xxxxx, and Xxx Xxxxx makes no representation regarding the advisability of investing in such product(s).
Dow Xxxxx" and "Dow Xxxxx Industrial AverageSM" are service marks of Dow Xxxxx & Company, Inc. Dow Xxxxx has no relationship to the Issuer, other than the licensing of the Dow Xxxxx Industrial Average (DJIA) and its service marks for use in connection with the Securities.
Dow Xxxxx does not:
◼ Sponsor, endorse, sell or promote the Securities.
◼ Recommend that any person invest in the Securities or any other financial products.
◼ Have any responsibility or liability for or make any decisions about the timing, amount or pricing of the Securities.
◼ Have any responsibility or liability for the administration, management or marketing of the Securities.
◼ Consider the needs of the Securities or the owners of the Securities in determining, composing or calculating the DJIA or have any obligation to do so.
Dow Xxxxx will not have any liability in connection with the Securities. Specifically,
• Dow Xxxxx does not make any warranty, express or implied, and Dow Xxxxx disclaims any warranty about:
• The results to be obtained by the Securities, the owner of the Securities or any other person in connection with the use of the DJIA and the data included in the DJIA;
• The accuracy or completeness of the DJIA or its data;
• The merchantability and the fitness for a particular purpose or use of the DJIA or its data;
• Dow Xxxxx will have no liability for any errors, omissions or interruptions in the DJIA or its data;
• Under no circumstances will Xxx Xxxxx be liable for any lost profits or indirect, punitive, special or consequential damages or losses, even if Xxx Xxxxx knows that they might occur.
The licensing relating to the use of the indexes and trademarks referred to above by the Issuer is solely for the benefit of the Issuer, and not for any other third parties.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: Nikkei 225 Index Mini Future Long Certificates
Issue Price: EUR 0.145 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 8,225 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 3%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 7,985 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.01
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: Nikkei 225 Index (Bloomberg Code: NKY <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: JPY
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex F to the Final Terms and containing all the key characteristics of the Nikkei 225 Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057256
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: NKY <INDEX>
Website: xxx.xxxxxx.xx.xx and xxx.xxxxxxxxxxxxx.xx Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): The Securities are not in any way sponsored, endorsed or promoted by the Index Sponsor. The Index Sponsor does not make any warranty or representation whatsoever, express or implied, either as to the results to be obtained as to the use of the Index or the figure as which the Index stands at any particular day or otherwise. The Index is compiled and calculated solely by the Index Sponsor. However, the Index Sponsor shall not be liable to any person for any error in the Index and the Index Sponsor shall not be under any obligation to advise any person, including a purchase or vendor of the Securites, of any error therein.
In addition, the Index Sponsor gives no assurance regarding any modification or change in any methodology used in calculating the Index and is under no obligation to continue the calculation, publication and dissemination of the Index.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: FTSE MIB Index Mini Future Long Certificates
Issue Price: EUR 0.24 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 18,360 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 2%
Current Spread: 2.50%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 18,000 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.0001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: FTSE MIB Index (Bloomberg Code: FTSEMIB <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the “opening-auction price” of each Share that comprises the relevant Index on the Exchange
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying
Currency in the inter-bank market for each Calculation Period, by reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Trading Day” from Product Condition 1 in its entirety and replacing it with the following:
““Trading Day” means, in relation to the Index, any day on which the Index Sponsor should calculate and publish the relevant level of the Index according to its rules;”;
(12) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”;
(17) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”; and
(18) Product Conditions - Relating to Index Express Certificates, the definition of Market Disruption Event in Product Condition 4(a) is amended by deleting from the first sentence the words “that ends at the official close” and replacing them with the words “starting from the official opening”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Xxxx Xxxxxx, executed according to the attached Xxxxx X
Amendments to the Offering Procedure for the Securities:
to the Final Terms and containing all the key characteristics of the FTSE MIB Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057736
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: FTSEMIB <INDEX>
Website: xxx.xxxx.xxx and xxx.xxxxxxxxxxxxx.xx Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): The Securities are not in any way sponsored, endorsed, sold or promoted by FTSE International Limited (“FTSE”), the London Stock Exchange Plc (the “Exchange”), The Financial Times Limited (“FT”) or Borsa Italiana SpA (“Borsa Italiana”) (collectively the “Licensor Parties”) and none of the Licensor Parties make any warranty or representation whatsoever, expressly or impliedly, either as to the results to be obtained from the use of the FTSE MIB Index (the “Index”) and/or the figure at which the said Index stands at any particular time on any particular day or otherwise. The Index is calculated by FTSE with the assistance of Borsa Italiana. None of the Licensor Parties shall be liable (whether in negligence or otherwise) to any person for any error in the Index and none of the Licensor Parties shall be under any obligation to advise any person of any error therein.
“FTSE®” is a xxxxxx xxxx of the Exchange and the FT, “MIB®” is a trade mark of Borsa Italiana and both are used by FTSE under licence.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received
by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: FTSE MIB Index Mini Future Long Certificates
Issue Price: EUR 0.19 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded upwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 18,870 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 2%
Current Spread: 2.50%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 18,500 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Early Termination Reference Price - Current Strike Level on the Termination Date) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the lowest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or lower than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.0001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Applicable
Express Short: Not Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: FTSE MIB Index (Bloomberg Code: FTSEMIB <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Final Reference Price - Current Strike Level) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Applicable
Notional Dividend Period: As stated in Product Condition 1 Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the “opening-auction price” of each Share that comprises the relevant Index on the Exchange
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iii) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying
Currency in the inter-bank market for each Calculation Period, by reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Trading Day” from Product Condition 1 in its entirety and replacing it with the following:
““Trading Day” means, in relation to the Index, any day on which the Index Sponsor should calculate and publish the relevant level of the Index according to its rules;”;
(12) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Notice”;
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”;
(17) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”; and
(18) Product Conditions - Relating to Index Express Certificates, the definition of Market Disruption Event in Product Condition 4(a) is amended by deleting from the first sentence the words “that ends at the official close” and replacing them with the words “starting from the official opening”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Xxxx Xxxxxx, executed according to the attached Xxxxx X
Amendments to the Offering Procedure for the Securities:
to the Final Terms and containing all the key characteristics of the FTSE MIB Index Mini Future Long Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057744
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: FTSEMIB <INDEX>
Website: xxx.xxxx.xxx and xxx.xxxxxxxxxxxxx.xx Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): The Securities are not in any way sponsored, endorsed, sold or promoted by FTSE International Limited (“FTSE”), the London Stock Exchange Plc (the “Exchange”), The Financial Times Limited (“FT”) or Borsa Italiana SpA (“Borsa Italiana”) (collectively the “Licensor Parties”) and none of the Licensor Parties make any warranty or representation whatsoever, expressly or impliedly, either as to the results to be obtained from the use of the FTSE MIB Index (the “Index”) and/or the figure at which the said Index stands at any particular time on any particular day or otherwise. The Index is calculated by FTSE with the assistance of Borsa Italiana. None of the Licensor Parties shall be liable (whether in negligence or otherwise) to any person for any error in the Index and none of the Licensor Parties shall be under any obligation to advise any person of any error therein.
“FTSE®” is a xxxxxx xxxx of the Exchange and the FT, “MIB®” is a trade mark of Borsa Italiana and both are used by FTSE under licence.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received
by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
RESPONSIBILITY
The Issuer accepts responsibility for the information contained in these Final Terms.
Annex A
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“Dow Xxxxx Euro STOXX 50® Index Mini Future Long Certificates”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“DOW XXXXX EURO STOXX 50® INDEX MINI FUTURE LONG CERTIFICATES” (di seguito,
Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
A. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
B. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Annex B
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“DAX® Index Mini Future Long Certificates”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“DAX® INDEX MINI FUTURE LONG CERTIFICATES” (di seguito, Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
C. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
D. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Annex C
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“S&P 500® Index Mini Future Long Certificates”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“S&P 500® INDEX MINI FUTURE LONG CERTIFICATES” (di seguito, Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
E. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
F. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Annex D
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“Russian Depository Index Mini Future Long Certificates”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“RUSSIAN DEPOSITORY INDEX MINI FUTURE LONG CERTIFICATES” (di seguito,
Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
G. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
H. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Annex E
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“DOW XXXXX INDUSTRIAL AVERAGESM INDEX MINI FUTURE LONG CERTIFICATES”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“DOW XXXXX INDUSTRIAL AVERAGESM INDEX MINI FUTURE LONG CERTIFICATES” (di
seguito, Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
I. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
J. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Annex F
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“Nikkei 225 Index Mini Future Long Certificates”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“NIKKEI 225 INDEX MINI FUTURE LONG CERTIFICATES” (di seguito, Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
K. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
L. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Annex G
Modulo - Dichiarazione di rinuncia all’esercizio
(Facsimile)
“FTSE MIB Index Mini Future Long Certificates”
I termini in lettere maiuscole avranno il significato a loro attribuito nelle General Conditions e nelle Product Conditions relative ai certificates in oggetto
La presente dichiarazione deve essere compilata a cura del portatore dei certificates in oggetto.
A [Intermediario presso cui il portatore detiene il proprio conto]
Nome e Ragione/denominazione sociale dell’Intermediario
[Att: Nome del responsabile dell’ufficio titoli]
[numero di fax – ufficio titoli]
A BNP Paribas, Filiale di Milano Corporate Actions
Tel: (x00) 00 0000 0000
Fax: (x00) 00 0000 0000
Copia a:
ABN AMRO Bank N.V.
Xxx.xx di Xxxx Xxxxx/Xxxxxxxxx Xxxxxx Tel.: x00 (0) 000 000 0000
Fax: + 00 (0) 000 000 0000
“FTSE MIB INDEX MINI FUTURE LONG CERTIFICATES” (di seguito, Certificates)
Il sottoscritto portatore (di seguito, il "Portatore") con la presente dichiara:
M. di rinunciare in modo irrevocabile all’esercizio dei Certificates con le caratteristiche di seguito descritte;
N. di essere consapevole che la presente Dichiarazione di Rinuncia non sarà ritenuta valida laddove non vengano rispettate le condizioni delle General Conditions e delle pertinenti Product Conditions, in particolare laddove la presente Dichiarazione di Rinuncia non pervenga nei termini indicati alla voce "Amendments to General Conditions and/or Product Conditions" dei Final Terms relativi ai Certificates. Inoltre, la presente Dichiarazione di Rinuncia non é da considerarsi valida nel caso in cui non siano identificati correttamente i Certificates, di cui il Portatore intende rinunciare all’esercizio.
(Il Portatore dei Certificates)
(Cognome e nome o ragione/denominazione sociale)
(Via e numero civico)
(Comune, provincia)
(Telefono)
Serie dei Certificates
Codice ISIN dei Certificates
Numero dei Certificates, di cui si rinuncia all’esercizio.
Il Portatore dei Certificates accetta che la presente dichiarazione venga presentata ad enti ed altri uffici pubblici (anche fuori dalla Repubblica Italiana).
Luogo e data
Sottoscrizione (sottoscrizioni) del Portatore dei Certificates
Final Terms
DATED 8 July 2009
ABN AMRO Bank N.V.
(incorporated in The Netherlands with its statutory seat in Amsterdam)
Up to 500,000 DAX® Index Mini Future Short Certificates Indicative Issue Price: EUR 0.793
Up to 500,000 DAX® Index Mini Future Short Certificates Indicative Issue Price: EUR 1.093
Up to 300,000 Nasdaq 100® Index Mini Future Short Certificates Indicative Issue Price: EUR 0.215
Up to 500,000 Russian Depository Index Mini Future Short Certificates Indicative Issue Price: EUR 0.28
Up to 800,000 Nikkei 225 Index Mini Future Short Certificates Indicative Issue Price: EUR 0.11
Up to 1,000,000 FTSE MIB Index Mini Future Short Certificates Indicative Issue Price: EUR 0.23
The Securities have not been registered under the United States Securities Act of 1933, as amended (the Securities Act) or the securities laws of any state or political subdivision of the United States, and may not be offered, sold, transferred or delivered, directly or indirectly, in the United States or to, or for the account or benefit of, any U.S. person, except pursuant to an exemption from, or in a transaction not subject to the requirements of the Securities Act and any applicable U.S. state securities laws. The Securities are being offered and sold only: (i) outside the United States to persons other than U.S.
persons (as defined in Regulation S under the Securities Act) in offshore transactions that meet the requirements of Regulation S under the Securities Act; and (ii) only with respect to the Equity Certificates (as defined herein) in registered form to U.S. persons who are "qualified institutional buyers" (as defined in Rule 144A of the Securities Act). Furthermore, trading in the Securities has not been approved by the United States Commodity Futures Trading Commission under the United States Commodity Exchange Act, as amended and no U.S. person may at any time trade or maintain a position in the Securities.
These Final Terms, the Certificates Base Prospectus, as supplemented from time to time and any additional information with regard to DAX® Index Mini Future Short Certificates, Nasdaq 100® Index Mini Future Short Certificates, Russian Depository Index Mini Future Short Certificates, Nikkei 225 Index Mini Future Short Certificates and FTSE/MIB Index Mini Future Short Certificates shall be published on the Issuer’s website: xxx.xxxxxxx.xx/xxxxxxx
FINAL TERMS
Terms used herein shall be deemed to be defined as such for the purposes of the General Conditions and the Product Conditions applicable to each Series of Securities described herein (the “relevant Product Conditions”) as set forth in the Base Prospectus relating to Certificates dated 1 July 2009 (the “Base Prospectus”) as supplemented from time to time which constitutes a base prospectus for the purposes of the Prospectus Directive (Directive 2003/71/EC) (the “Prospectus Directive”). This document constitutes the Final Terms of each Series of the Securities described herein for the purposes of Article 5.4 of the Prospectus Directive and must be read in conjunction with the Base Prospectus as so supplemented. Full information on the Issuer and each Series of the Securities described herein is only available on the basis of the combination of these Final Terms and the Base Prospectus as so supplemented. The Base Prospectus as so supplemented is available for viewing at the office of the Issuer at 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx and copies may be obtained from the Issuer at that address.
These Final Terms relate to the Securities and must be read in conjunction with, and are subject to, the General Conditions and the relevant Product Conditions contained in the Base Prospectus as so supplemented. These Final Terms, the relevant Product Conditions and the General Conditions together constitute the Conditions of each Series of the Securities described herein and will be attached to any Global Security representing each such Series of the Securities. In the event of any inconsistency between these Final Terms and the General Conditions or the relevant Product Conditions, these Final Terms will govern.
The Netherlands Authority for the Financial Markets has provided the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Financial Market Authority (FMA), Commission Bancaire, Financiere et des Assurances (CBFA), Comisión Nacional del Mercado de Valores (CNMV), Comissão do Mercado de Valores Mobiliários (CMVM), Autorité des Marchés Financiers (AMF), Irish Financial Services Regulatory Authority (IFSRA), Commissione Nazionale per le Societa e la Borsa (CONSOB), Commission de Surveillance du Secteur Financier (CSSF), Financial Services Authority (FSA), Financial Supervisory Authority (FIN-FSA), the Danish Financial Services Authority (Finanstilsynet), the Swedish Financial Supervisory Authority, the Czech National Bank (CNB) and Comisia Nationala a Valorilor Mobiliare (CNVM) with a certificate of approval attesting that the Base Prospectus has been drawn up in accordance with the Prospectus Directive.
So far as the Issuer is aware, no person (other than (i) the Issuer, (ii) the Calculation Agent, see “Risk Factors – Actions taken by the Calculation Agent may affect the Underlying” and “Risk Factors – Actions taken by the Issuer may affect the value of the Securities” in the Base Prospectus and (iii) the third party distributors) involved in the issue of the Certificates has an interest material to the offer.
Issuer: ABN AMRO Bank N.V., acting through its principal office at Gustav Xxxxxxxxxx 00, 0000 XX Xxxxxxxxx, Xxx Xxxxxxxxxxx or its London branch at 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX
Clearing Agents: Monte Titoli S.p.A., Milan
Euroclear Bank S.A./N.V. as operator of the Euroclear system
Clearstream Banking, société anonyme
Launch Date: 8 July 2009
Subscription Period: Not Applicable As, if and when issued trading: Not Applicable Issue Date: 8 July 2009
Listing: Milan Stock Exchange (SeDeX)
Listing Date: The Issue Date or as soon as practicable thereafter
Pricing Date: Not Applicable
Admission to trading: Application will be made for the Securities to be
admitted to trading on the Milan Stock Exchange (SeDeX) with effect from the Listing Date
Announcements to Holders: Delivered to Borsa Italiana S.p.A for delivery to the
market
Principal Agent: ABN AMRO Bank N.V., 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX
Registrar: None
Agent(s): BNP Paribas Milan
Calculation Agent: ABN AMRO Bank N.V., 000 Xxxxxxxxxxx, Xxxxxx XX0X 0XX
Indication of yield: Not Applicable
INDEX EXPRESS CERTIFICATES
Series: DAX® Index Mini Future Short Certificates
Issue Price: EUR 0.793 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Current Strike Level - Final Reference Price) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded downwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 5,782 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 2%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 5,900 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day
Early Termination Amount:
following the Listing Date
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Current Strike Level on the Termination Date - Early Termination Reference Price) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the highest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or greater than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the
Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Not Applicable
Express Short: Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: DAX® Index (Bloomberg Code: DAX <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Current Strike Level - Final Reference Price) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Not Applicable
Notional Dividend Period: Not Applicable Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation
Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Exercise Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex A to the Final Terms and containing all the key characteristics of the DAX® Index Mini Future Short Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057264
Common Code: Not Applicable
Fondscode: Not Applicable
WKN: Not Applicable
Other Securities Code: Not Applicable
INFORMATION ON THE UNDERLYING
Page where information about the past and future performance of the Underlying and its volatility can be obtained:
Bloomberg code: DAX <INDEX>
Website: xxx.xxxxxxxx-xxxxxx.xxx and xxx.xxxxxxxxxxxxx.xx
Italian Newspaper: I1 Sole 24 Ore
Index disclaimer(s): These Securities are neither sponsored nor promoted, distributed or in any other manner supported by Deutsche Börse AG (the “Licensor”). The Licensor does not give any explicit or implicit warranty or representation, neither regarding the results deriving from the use of the Index and/or Index Trademark nor regarding the Index value at a certain point in time or on a certain date nor in any other respect. The Index is calculated and published by the Licensor. Nevertheless, as far as admissible under statutory law the Licensor will not be liable vis-à-vis third parties, including investors, to point out potential errors in the Index.
Neither the publication of the Index by the Licensor nor the granting of a license regarding the Index as well as the Index Trademark for the utilisation in connection with the Securities or other securities or financial products, which derived from the Index, represents a recommendation by the Licensor with respect to the attractiveness on an investment in this product.
In its capacity as sole owner of all rights to the Index and the Index Trademark the Licensor has solely licensed to the Issuer of the Securities the utilisation of the Index and the Index Trademark as well as any reference to the Index and the Index Trademark in connection with the Securities.
ADDITIONAL INFORMATION
This paragraph contains information in relation to the tax regime concerning the purchase, possession, cession and exercise of the Securities. The following information is based on the Italian tax regime in force at the date of these Final Terms, save that the said tax regime remains subject to possible changes that could have retroactive effect. Therefore, the following information is not intended to be a complete analysis of all the tax consequences of the purchase, possession, cession and exercise of the Securities. Investors are recommended to consult their independent advisers with respect to the tax implications concerning the purchase, possession, cession and exercise of the Securities.
In accordance with the Italian tax regime currently in force, the proceeds deriving from the sale and exercise of the Securities, gained by investors who are physical persons residents in Italy, when not in the context of a business activity have to be taken into account for tax purposes (a fini impositivi). In particular, pursuant to the legislative decree (21 November 1997 n. 461), that integrates the category of different income (redditi diversi) (as set out in art. 67 of D.P.R. 22 Decembers 1986, n. 917 (TUIR), as amended by the D.Lgs. 12 Decembers 2003, n. 344), the proceeds deriving from the cession and exercise of the Securities and received by physical persons resident in Italy, when not in the context of a business activity, are subject to a substitutive tax (un’imposta sostitutiva) of the income taxes (imposte sui redditi) applied at a rate of 12.50% and withheld from the tax substitute (sostituto di imposta).
To conclude, it is highlighted that, with respect to the fiscal treatment of the income (redditi) deriving from the Securities, income that is not subject of a specific official ruling of the Financial management (Amministrazione finanziaria), could be the subject of implementation of future guidelines or official
positions of the Financial management or of new legislative provisions that would allow the application to such income of a more disadvantageous tax regime for the investor compared with the one mentioned above.
Particular provisions are applied to Securities held in a portfolio through a qualified intermediary to which the regime of either the so called "risparmio amministrato" (advisory accounts) or the so called “risparmio gestito” (discretionary accounts) is applied.
Series: DAX® Index Mini Future Short Certificates
Issue Price: EUR 1.093 (indicative)
Additional Market Disruption Events:
None
Basket: Not Applicable
Business Day: As stated in Product Condition 1 Calculation Period: As stated in Product Condition 1
Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Cash Amount shall not be less than zero:
(Current Strike Level - Final Reference Price) x Entitlement
The Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Final Exchange Rate” means the Exchange Rate published by the European Central Bank on the Valuation Date, Termination Date or Issuer Call Date, as applicable, at or around 14:15 Central European Time and quoted on Reuters page ECB37 and the website xxx.xxx.xxx
Certificate: Not Applicable
Current Barrier Level: As stated in Product Condition 1 and rounded downwards to the next whole unit in the Underlying Currency. The Current Barrier Level on the Launch Date shall be 6,076 and shall be recalculated on each Reset Date, starting from the first Reset Date following the Listing Date
The Current Barrier Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Barrier Level becomes effective
Current Premium: 2%
Current Spread: 2%
Current Strike Level: Subject to adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) determined by the Calculation Agent, on each Exchange Business Day, in accordance with the following formula:
(a) the Current Strike Level on the previous Exchange Business Day; plus
(b) Funding Cost; and minus
(c) Notional Dividend Amounts.
The Current Strike Level will be rounded to the nearest whole unit in the Underlying Currency, 0.5 being rounded upwards. The Current Strike Level on the Launch Date shall be 6,200 and shall be recalculated on each Exchange Business Day, starting from the Exchange Business Day following the Listing Date
Early Termination Amount:
The Current Strike Level will be published and forwarded to the relevant Exchanges/Clearing systems/Data vendors prior to 1.00 p.m. (Italian time) on the Exchange Business Day preceding the day when the Current Strike Level becomes effective
The amount determined by the Calculation Agent in accordance with the following formula, provided that the Early Termination Amount shall not be less than zero:
(Current Strike Level on the Termination Date - Early Termination Reference Price) x Entitlement
The Early Termination Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Where:
“Early Termination Reference Price” means, subject to any adjustment in accordance with Product Condition 4, an amount (which shall be deemed to be a monetary value in the Underlying Currency) as determined by or on behalf of the Calculation Agent to be the highest level of the Index on the Termination Date; and
“Termination Date” means the date on which the Early Termination Event occurs in the determination of the Calculation Agent
Early Termination Date: Not Applicable
Early Termination Event: Occurs if, in the determination of the Calculation Agent and subject to any adjustment in accordance with Product Condition 4, the Reference Price is equal to or greater than the Current Barrier Level on any Trading Day from (and including) the Listing Date to (and excluding) the Valuation Date, or Issuer Call Date, if applicable (other than a time at which there is a Market Disruption Event)
Where:
“Reference Price” means an amount (which shall be deemed to be a monetary value in the Underlying Currency) equal to the level of the Index at any time on a Trading Day, as determined by or on behalf of the Calculation Agent without regard to any subsequently published correction or (if, in the determination of the Calculation Agent, no such level can be determined and no Market Disruption Event has occurred and is continuing) an amount determined by the Calculation Agent as its good faith estimate of the level of the Index, on such date having regard to the then prevailing market conditions, the last reported trading price of the Shares, and such other factors as the Calculation Agent determines relevant
Emerging Market Disruption Events:
As stated in Product Condition 1
Entitlement: 0.001
Exchange Business Day: Any day that is (or but for the occurrence of a Market Disruption Event would have been) a trading day on the Italian Stock Exchange, or any successor to that exchange, other than a day on which trading on the Exchange is scheduled to close prior to its regular weekday closing time
Exercise Date: 14 January 2019
Express Long: Not Applicable
Express Short: Applicable
Final Reference Price: The Reference Price at the Valuation Time on the Valuation Date or the Issuer Call Date, as the case may be
Funding Cost: As stated in Product Condition 1
Index: DAX® Index (Bloomberg Code: DAX <INDEX>) Initial Reference Price: Not Applicable
Interest: Not Applicable
Interest Amount: Not Applicable Interest Payment Dates: Not Applicable Interest Period: Not Applicable
Interest Rate: Not Applicable
Interest Rate Day Count Fraction:
Not Applicable
Issuer Call: Applicable
Issuer Call Cash Amount: The amount determined by the Calculation Agent in accordance with the following formula, provided that the Issuer Call Cash Amount shall not be less than zero:
(Current Strike Level - Final Reference Price) x Entitlement
The Issuer Call Cash Amount shall be converted into the Settlement Currency at the Final Exchange Rate, if an Exchange Rate is applicable, and rounded to the nearest four decimal places in the Settlement Currency, 0.00005 being rounded upwards
Issuer Call
Commencement Date:
The first Business Day immediately following the one year period from (and including) the Launch Date
Issuer Call Notice Period: One calendar month Launch Date: 8 July 2009
Notional Dividend Amount:
Not Applicable
Notional Dividend Period: Not Applicable Pricing Date(s): Not Applicable
Relevant Currency: As stated in Product Condition 1
Relevant Number of Trading Days:
For the purposes of:
Early Termination Date: Not Applicable
Valuation Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Issuer Call Date: 5, or in respect of an Emerging Market Disruption Event only, 180
Reset Date: As stated in Product Condition 1, on the 15th day of each calendar month
Settlement Currency: EUR
Settlement Date: Means (i) the sixth Business Day following the Termination Date if an Early Termination Event has occurred, (ii) the third Business Day following the Issuer Call Date if an Issuer Call has occurred and otherwise
(iii) the third Business Day following the Valuation Date Standard Currency: As stated in Product Condition 1
Underlying Currency: EUR
Valuation Date(s): The Exercise Date
Valuation Time: The time with reference to which the Index Sponsor calculates the closing level of the relevant Index
Amendments to General Conditions and/or Product Conditions:
(A)(1) General Condition 3 is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(2) General Condition 5(b) is amended by deleting the following words in the second sentence: “or it has otherwise become undesirable, for any reason,” and by deleting the following words in the final sentence “may” and “but are not limited to,”;
(3) General Condition 5(b)(i) is deleted and replaced with the words: “Intentionally left blank”;
(4) General Condition 5(b)(ii) is deleted and replaced with the words: “Intentionally left blank”;
(5) General Condition 5(b)(iv) is deleted and replaced with the words: “Intentionally left blank”;
(6) General Condition 5(b)(v) is deleted and replaced with the words: “Intentionally left blank”;
(7) General Condition 5(c)(i) is amended by deleting the following words in the second sentence: “less the cost to the Issuer of unwinding any related hedging arrangements”;
(8) General Condition 5(d) is deleted and replaced with the words: “Intentionally left blank”;
(9) General Condition 7(b) is deleted in its entirety and replaced with the following:
“Modifications: The Issuer may, without the consent of the Holders or any of them, modify any provision of the Conditions which is: (i) of a formal, minor or technical nature; or (ii) made to correct a manifest error in its absolute discretion, provided any such modification is not materially prejudicial to the interests of the Holders. Notice of any such modification will be given to the Holders in accordance with General Condition 4 but failure to give, or the non-receipt of such notice will not affect the validity of any such modification.”;
(10) Product Conditions - Relating to Index Express Certificates are amended by deleting the definition of “Prevailing Rate” from Product Condition 1 in its entirety and replacing it with the following:
““Prevailing Rate” means the rate, as determined by the Calculation Agent in its sole and absolute discretion, for deposits in the Underlying Currency in the inter-bank market for each Calculation Period, by
reference to the overnight LIBOR rate as published on Bloomberg page: BBAM and if no such page reference exists, such other page reference as the Calculation Agent determines or such other sources as the Calculation Agent may reasonably determine to be appropriate at such time;”;
(11) Product Conditions - Relating to Index Express Certificates are amended by deleting Product Condition 3(d) in its entirety and replacing it with the following:
“Cash Settlement. Upon exercise, termination pursuant to an Issuer Call or following an Early Termination Event, in respect of each Security, a Holder shall receive, from the Issuer, on the Settlement Date either:
(i) The Cash Amount, following a valid Exercise; or
(ii) The Issuer Call Cash Amount, following an Issuer Call; or
(iii) The Early Termination Amount, following an Early Termination Event.”;
Amendments to the Offering Procedure for the Securities:
(12) Product Conditions - Relating to Index Express Certificates, Product Condition 3(i) is deleted and replaced with the words: “Intentionally left blank”;
(13) Product Conditions - Relating to Index Express Certificates, Product Condition 3(j) is deleted and replaced with the words: “Intentionally left blank”;
(14) Product Conditions - Relating to Index Express Certificates, Product Condition 3(k) is amended by deleting the following words: “for each Security with respect to which a Notice has been delivered to the account specified in the relevant Exercise Notice”;
(15) Product Conditions - Relating to Index Express Certificates, Product Condition 3(l) is deleted and replaced with the words: “Intentionally left blank”; and
(16) Product Conditions - Relating to Index Express Certificates, Product Condition 3(m) is deleted and replaced with the words: “Intentionally left blank”.
(B) “Renunciation of payment of the Cash Amount and Issuer Call Cash Amount”
The Holder has the right to renounce receipt of the Cash Amount and the Issuer Call Cash Amount from the Issuer. The declaration of renunciation (the “Dichiarazione di Rinuncia”) to renounce receipt of the Cash Amount or Issuer Call Cash Amount, executed according to the attached Annex A to the Final Terms and containing all the key characteristics of the DAX® Index Mini Future Short Certificates (to specify the relevant Series of certificates), must be sent by fax by 10:00 a.m. Milan time on the first Business Day following the Valuation Date or Issuer Call Date, as applicable
None
ISIN: NL0009057272
Common Code: Not Applicable
Fondscode: Not Applicable