AEG 21604 G Bedienungsanleitung PDF herunterladen (Seite 197)

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(iii) are deducted or withheld pursuant to (A) any European Union Directive or Regulation con-

cerning the taxation of interest income, or (B) any international treaty or understanding re-

lating to such taxation and to which the Grand Duchy of Luxembourg or the Netherlands or

the European Union is a party, or (C) any provision of law implementing, or complying

with, or introduced to conform with, such Directive, Regulation, treaty or understanding, or

(iv) are payable by reason of a change in law that becomes effective more than 30 days after the

relevant payment of principal or interest becomes due, or, if this occurs later, after all due

amounts have been duly provided for and a notice to that effect has been published in accor-

dance with § 12;

(v) in the case of the issuance of definitive notes, are withheld or deducted by a Paying Agent, if

the payment could have been made by another paying agent in a Member State of the Euro-

pean Union without such deduction or withholding.

The withholding tax (Kapitalertragsteuer) currently levied in the Federal Republic of Germany

and the solidarity surcharge (Solidaritätszuschlag) imposed thereon do not constitute a tax or duty

as described above in respect of which Additional Amounts would be payable by the Issuer.

§ 7 Events of Default

(a) Each Noteholder will be entitled to declare his Notes due and demand immediate redemption of his

Notes at the Early Redemption Amount plus accrued interest, if

(i) the Issuer fails to provide principal or interest within 30 days from the relevant due date;

(ii) the Guarantor fails to pay amounts payable under the Guarantee within 30 days after the

relevant due date, or

(iii) the Issuer fails to duly perform its obligations under § 4(d) in case of a Change of Control,

(iv) the Issuer fails to duly perform any other obligation arising from the Notes and such default,

except where such default is incapable of remedy, continues unremedied for more than 30

days after the Principal Paying Agent has received notice thereof from a Noteholder and has

informed the Issuer accordingly;

(v) the Issuer or the Guarantor or a Material Subsidiary states in writing that it is unable to pay

its debts as they become due (Cessation of payment)

(iv) (A) the Issuer's or the Guarantor's or a Material Subsidiary’s assets have been subjected to

an insolvency proceeding, or (B) the Issuer, the Guarantor or a Material Subsidiary applies

for or institutes such proceedings or offers or makes an arrangement for the benefit of its

creditors generally, or (C) a third party applies for insolvency proceedings against the Issuer,

the Guarantor or a Material Subsidiary and such proceedings are not discharged or stayed

within 30 days, unless such proceeding is dismissed due to insufficient assets.

(vii) the Issuer or the Guarantor ceases its business operations in whole or sells or transfers its as-

sets in whole or a material part thereof to a third party (except for the Issuer and any of its

subsidiaries) and this causes a substantial reduction of the value of the assets of the Issuer

(on a consolidated basis). In the event of a sale of assets such a substantial reduction shall be

assumed if the value of the assets sold exceeds 50% of the consolidated total assets and li-

abilities of the Issuer;

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AEG 21604 G Bedienungsanleitung Seite 197