L'ho trovata in inglese, e confermo quello che hai scritto, tranne il fatto che NON è perpetua
Questa è la parte (molto "garantista") che riguarda il pagamento delle cedole:
Interest which accrues during a period ending on
(but excluding) a Compulsory Interest Payment Date
(as de
fined below) will be payable on that
Compulsory Interest Payment Date. Interest which
accrues during a period ending on (but excluding) an
Optional Interest Payment Date (as defined below)
will be payable on that Optional Interest Payment
Date only if the Issuer so elects by not less than 10
nor more than 15 TARGET Business Days’ notice to
the Bondholders in accordance with §11 (which
notice will be irrevocable and will oblige the Issuer
to pay that interest on that Optional Interest
Payment Date) and will otherwise constitute
‘‘
Arrears of Interest’’. The Issuer shall not have any
obligation to pay interest on any Optional Interest
Payment Date if it does not elect to do so and any
such failure to pay shall not constitute a default of
the Issuer. The Issuer may pay outstanding Arrears
of Interest (in whole or in part) at any time on giving
not less than 10 nor more than 15 TARGET
Business Days’ notice to the Bondholders in
accordance with §11 (which notice will be
irrevocable and will oblige the Issuer to pay the
relevant Arrears of Interest on the payment date
specified in that notice).
The Issuer will be obliged to pay outstanding
Arrears of Interest (in whole but not in part) on
the earlier of:
(i) the next Compulsory Interest Payment Date;
(ii) the due date for redemption of the Bonds;
(iii) the date on which an order is made for the
winding up or dissolution and liquidation of
the Issuer or the Guarantor (other than for the
purposes of or pursuant to an amalgamation,
reorganisation or restructuring whilst solvent,
where the continuing entity assumes
substantially all of the assets and obligations of
the Issuer or the Guarantor, as the case may
be); and
(iv) the date on which the Issuer or the Guarantor
(pursuant to any guarantee or otherwise) makes
any payment of interest on a Junior Security.
The Issuer will be obliged to make a pro rata
payment (expressed as a percentage) of Arrears of
Interest on the Fixed Interest Payment Date or the
Floating Interest Payment Date, as applicable,
immediately following the date on which the Issuer
or the Guarantor (pursuant to any guarantee or
otherwise) makes any payment of Deferred Interest
on a Parity Security. Any such pro rata payment will
be calculated by reference to the date of payment of
such Deferred Interest.
Arrears of Interest will not themselves bear interest.
In this
§4(3) the following terms have the meaning
ascribed thereto:
‘‘
Deferred Interest’’ means any interest deferred on a
Parity Security on any scheduled interest payment
date for such Parity Security;
‘‘
Optional Interest Payment Date’’ means any Fixed
Interest Payment Date or Floating Interest Payment
Date in respect of which all of the following criteria
are met: (a) no dividend or other distribution or
payment was declared in respect of any class of
shares of the Guarantor at the Annual General
Meeting (ja¨ hrliche Hauptversammlung) of the
Guarantor immediately preceding that Fixed
Interest Payment Date or Floating Interest Payment
Date; and (b) no such dividend or other distribution
of payment has been declared in respect of any class
of shares of the Guarantor since that Annual
General Meeting of the Guarantor;
‘‘
Parity Security’’ means any subordinated debt
security issued by the Issuer or the Guarantor or
guaranteed by the Guarantor which ranks or, had it
been issued by the Issuer, would rank pari passu
with the Bonds;
‘‘
Junior Security’’ means any subordinated debt
security issued by the Issuer or the Guarantor or
guaranteed by the Guarantor which ranks or, had it
been issued by the Issuer, would rank junior to the
Bonds or a Parity Security; and
‘‘
Compulsory Interest Payment Date’’ means any
Fixed Interest Payment Date or Floating Interest
Payment Date which is not an Optional Interest
Payment Date.