Common use of Subscription Order Clause in Contracts

Subscription Order. Failure by the Issuing and Paying Agent on behalf of the Issuer to Issue ETP Securities (A) If the settlement failure is in relation to a Subscription Order and a failure of the Issuing and Paying Agent on behalf of the Issuer to issue the ETP Securities relating to such Subscription Order to the Authorised Participant on the Subscription Settlement Date (notwithstanding the satisfaction by the Authorised Participant of its obligations under Clause 2.5), then unless otherwise agreed by the Issuing and Paying Agent on behalf of the Issuer and the Authorised Participant and subject to Clause 2.6, the Issuer and the Authorised Participant shall attempt to settle such Subscription Order on each following Dealing Order Day until the Authorised Participant requests that the Subscription Order be cancelled by notice to the Issuer, the Issuing and Paying Agent, the Determination Agent and the Portfolio Administrator (such notice, an “AP Subscription Cancellation Request”), provided that if, by 14:00 Dublin time on the fifth Dealing Order Day following such Subscription Settlement Date, no settlement has occurred in respect of such Subscription Order and no such notice has been delivered by the Authorised Participant, then an AP Subscription Cancellation Request will be deemed to have been given and be effective on the next following Dealing Order Day. (B) An AP Subscription Cancellation Request delivered by the Authorised Participant shall be effective on the day of delivery provided that such day is a Dealing Order Day and the Issuing and Paying Agent has received such notification by 14:00 Dublin time on such Dealing Order Day. Otherwise, such AP Subscription Cancellation Request shall be effective on the next following Dealing Order Day. (C) The Issuing and Paying Agent shall use its best efforts to cancel a Subscription Order on the day on which an AP Subscription Cancellation Request is effective and shall, no later than 14:00 Dublin time on the Dealing Order Day immediately following the day on which the AP Subscription Cancellation Request became effective, notify the Issuer, the Determination Agent and the Portfolio Administrator whether such Subscription Order has been cancelled. (D) If the Issuing and Paying Agent notifies the cancellation of the Subscription Order in accordance with this Clause 4.2, the Issuing and Paying Agent on behalf of the Issuer shall arrange for the Subscription Amount to be returned to the Authorised Participant.

Subscription Order. Failure by the Issuing and Paying Agent on behalf of Authorised Participant to deliver the Issuer to Issue ETP SecuritiesSubscription Amount (A) If the settlement failure is in relation to a Subscription Order and a failure of the Authorised Participant to deliver the Subscription Amount in full in accordance with Clause 2.5, then unless other6wise agreed by Issuing and Paying Agent on behalf of the Issuer to issue the ETP Securities relating to such Subscription Order to the Authorised Participant on the Subscription Settlement Date (notwithstanding the satisfaction by the Authorised Participant of its obligations under Clause 2.5), then unless otherwise agreed by the Issuing and Paying Agent on behalf of the Issuer and the Authorised Participant and subject to Clause 2.6, the Issuing and Paying Agent of behalf of the Issuer and the Authorised Participant shall attempt to settle such the Subscription Order on each following Dealing Order Day until the Authorised Participant requests that the Subscription Order be cancelled by notice to the Issuer, the Issuing and Paying Agent, the Determination Agent and the Portfolio Administrator (such notice, an “AP Subscription Cancellation Request”), provided that if, by 14:00 Dublin time on the fifth subsequent Dealing Order Day following such the Subscription Settlement Date (for these purposes, the “Original Subscription Settlement Date”), no settlement has occurred with each such day deemed to be the Subscription Settlement Date in respect of such Subscription Order and no such notice has been delivered by for the Authorised Participant, then an AP Subscription Cancellation Request will be deemed to have been given and be effective on purposes of Clause 2.5. In the next following Dealing Order Day. (B) An AP Subscription Cancellation Request delivered by the Authorised Participant shall be effective on the day of delivery provided event that such day is a Dealing Order Day and the Issuing and Paying Agent has received such notification by 14:00 Dublin time on such Dealing Order Day. Otherwise, such AP Subscription Cancellation Request shall be effective on the next following Dealing Order Day. (C) The Issuing and Paying Agent shall use its best efforts to cancel a Subscription Order on the day on which an AP Subscription Cancellation Request is effective and shall, no later than 14:00 Dublin time on the Dealing Order Day immediately following the day on which the AP Subscription Cancellation Request became effective, notify the Issuer, the Determination Agent and the Portfolio Administrator whether such Subscription Order has been cancelled. (D) If the Issuing and Paying Agent notifies the cancellation of the Subscription Order in accordance with this Clause 4.2, the Issuing and Paying Agent on behalf of the Issuer shall arrange for and the Authorised Participant are unable to settle the Subscription Order and do not reasonably expect to be able to settle the Subscription Order in the foreseeable future, the Subscription Order may be cancelled. Such Subscription Order will be cancelled subject to the agreement of the Arranger, the Authorised Participant, the Portfolio Administrator on behalf of the Issuer and the Issuing and Paying Agent on behalf of the Issuer, each acting in good faith and in a commercially reasonable manner. (B) Upon such cancellation, (i) any portion of the Subscription Amount paid by the Authorised Participant: (a) shall be applied in payment of the Subscription Price for the ETP Securities that may be settled by such portion of the Subscription Amount (the “Partial Subscription ETP Securities”) and the Partial Subscription ETP Securities shall settle on the Subscription Order Cancellation Date and (b) to the extent not applied as described in (a), be returned to the Authorised Participant.; and

Subscription Order. Failure by the Issuing and Paying Agent on behalf of the Issuer to Issue ETP Securities (A) If the settlement failure is in relation to a Subscription Order and a failure of the Issuing and Paying Agent on behalf of the Issuer to issue the ETP Securities relating to such Subscription Order to the Authorised Participant on the Subscription Settlement Date (notwithstanding the satisfaction by the Authorised Participant of its obligations under Clause 2.5), then unless otherwise agreed by the Issuing and Paying Agent on behalf of the Issuer and the Authorised Participant and subject to Clause 2.6, the Issuer and the Authorised Participant shall attempt to settle such Subscription Order on each following Dealing Order Day until the Authorised Participant requests that the Subscription Order be cancelled by notice to the Issuer, the Issuing and Paying Agent, the Determination Agent and the Portfolio Administrator (such notice, an “AP Subscription Cancellation Request”), provided that if, by 14:00 Dublin time on the fifth Dealing Order Day following such Subscription Settlement Date, no settlement has occurred in respect of such Subscription Order and no such notice has been delivered by the Authorised Participant, then an AP Subscription Cancellation Request will be deemed to have been given and be effective on the next following Dealing Order Day. (B) An AP Subscription Cancellation Request delivered by the Authorised Participant shall be effective on the day of delivery provided that such day is a Dealing Order Day and the Issuing and Paying Agent has received such notification by 14:00 Dublin time on such Dealing Order Day. Otherwise, such AP Subscription Cancellation Request shall be effective on the next following Dealing Order Day. (C) The Issuing and Paying Agent shall use its best efforts to cancel a Subscription Order on the day on which an AP Subscription Cancellation Request is effective and shall, no later than 14:00 Dublin time on the Dealing Order Day immediately following the day on which the AP Subscription Cancellation Request became effective, notify the Issuer, the Determination Agent and the Portfolio Administrator whether such Subscription Order has been cancelled. (D) If the Issuing and Paying Agent notifies the cancellation of the Subscription Order in accordance with this Clause 4.2, the Issuing and Paying Agent on behalf of the Issuer shall arrange for the Subscription Amount subscription amount to be returned to the Authorised Participant.

Subscription Order. Failure by the Issuing and Paying Agent on behalf of Authorised Participant to deliver the Issuer to Issue ETP SecuritiesSubscription Amount (A) If the settlement failure is in relation to a Subscription Order and a failure of the Issuing and Paying Agent on behalf of the Issuer to issue the ETP Securities relating to such Subscription Order to the Authorised Participant on to deliver the Subscription Settlement Date (notwithstanding the satisfaction by the Authorised Participant of its obligations under subscription amount in full in accordance with Clause 2.5), then unless otherwise agreed by the Issuing ▇▇▇▇▇▇▇ and Paying Agent on of behalf of the Issuer and the Authorised Participant and subject to Clause 2.6, the Issuing and Paying Agent of behalf of the Issuer and the Authorised Participant shall attempt to settle such the Subscription Order on each following Dealing Order Day until the Authorised Participant requests that the Subscription Order be cancelled by notice to the Issuer, the Issuing and Paying Agent, the Determination Agent and the Portfolio Administrator (such notice, an “AP Subscription Cancellation Request”), provided that if, by 14:00 Dublin time on the fifth subsequent Dealing Order Day following such the Subscription Settlement Date (for these purposes, the “Original Subscription Settlement Date”), no settlement has occurred with each such day deemed to be the Subscription Settlement Date in respect of such Subscription Order and no such notice has been delivered by for the Authorised Participant, then an AP Subscription Cancellation Request will be deemed to have been given and be effective on purposes of Clause 2.5. In the next following Dealing Order Day. (B) An AP Subscription Cancellation Request delivered by the Authorised Participant shall be effective on the day of delivery provided event that such day is a Dealing Order Day and the Issuing and Paying Agent has received such notification by 14:00 Dublin time on such Dealing Order Day. Otherwise, such AP Subscription Cancellation Request shall be effective on the next following Dealing Order Day. (C) The Issuing and Paying Agent shall use its best efforts to cancel a Subscription Order on the day on which an AP Subscription Cancellation Request is effective and shall, no later than 14:00 Dublin time on the Dealing Order Day immediately following the day on which the AP Subscription Cancellation Request became effective, notify the Issuer, the Determination Agent and the Portfolio Administrator whether such Subscription Order has been cancelled. (D) If the Issuing and Paying Agent notifies the cancellation of the Subscription Order in accordance with this Clause 4.2, the Issuing and Paying Agent on behalf of the Issuer and the Authorised Participant are unable to settle the Subscription Order and do not reasonably expect to be able to settle the Subscription Order in the foreseeable future, the Subscription Order may be cancelled. Such Subscription Order will be cancelled subject to the agreement of the Arranger, the Authorised Participant, the Portfolio Administrator on behalf of the Issuer and the Issuing and Paying Agent on behalf of the Issuer, each acting in good faith and in a commercially reasonable manner and on such date as determined by the Issuer (the “Subscription Order Cancellation Date”). (B) Upon such cancellation, (i) any portion of the subscription amount paid by the Authorised Participant: (a) shall arrange be applied in payment of the Subscription Price for the ETP Securities that may be settled by such portion of the subscription amount (the “Partial Subscription Amount ETP Securities”) and the Partial Subscription ETP Securities shall settle on the Subscription Order Cancellation Date and (b) to the extent not applied as described in (a), be returned to the Authorised Participant.; and

Subscription Order. Failure by the Issuing and Paying Agent on behalf of Initial Authorised Participant to deliver the Issuer to Issue ETP SecuritiesSubscription Amount (A) If the settlement failure is in relation to a Subscription Order and a failure of the Issuing and Paying Agent on behalf of the Issuer to issue the ETP Securities relating to such Subscription Order to the Initial Authorised Participant on to deliver the Subscription Settlement Date (notwithstanding the satisfaction by the Authorised Participant of its obligations under Amount in full in accordance with Clause 2.5), then unless otherwise agreed by Issuing and Paying Agent of behalf of the Issuer and the Initial Authorised Participant and subject to Clause 2.6, the Issuing and Paying Agent of behalf of the Issuer and the Initial Authorised Participant shall attempt to settle the Subscription Order on each subsequent Dealing Order Day following the Subscription Settlement Date (for these purposes, the “Original Subscription Settlement Date”), with each such day deemed to be the Subscription Settlement Date in respect of such Subscription Order for the purposes of Clause 2.5. In the event that the Issuing and Paying Agent on behalf of the Issuer and the Initial Authorised Participant and subject to Clause 2.6, the Issuer and the Authorised Participant shall attempt are unable to settle such Subscription Order on each following Dealing Order Day until the Authorised Participant requests that the Subscription Order and do not reasonably expect to be cancelled by notice able to the Issuer, the Issuing and Paying Agent, the Determination Agent and the Portfolio Administrator (such notice, an “AP Subscription Cancellation Request”), provided that if, by 14:00 Dublin time on the fifth Dealing Order Day following such Subscription Settlement Date, no settlement has occurred in respect of such Subscription Order and no such notice has been delivered by the Authorised Participant, then an AP Subscription Cancellation Request will be deemed to have been given and be effective on the next following Dealing Order Day. (B) An AP Subscription Cancellation Request delivered by the Authorised Participant shall be effective on the day of delivery provided that such day is a Dealing Order Day and the Issuing and Paying Agent has received such notification by 14:00 Dublin time on such Dealing Order Day. Otherwise, such AP Subscription Cancellation Request shall be effective on the next following Dealing Order Day. (C) The Issuing and Paying Agent shall use its best efforts to cancel a Subscription Order on the day on which an AP Subscription Cancellation Request is effective and shall, no later than 14:00 Dublin time on the Dealing Order Day immediately following the day on which the AP Subscription Cancellation Request became effective, notify the Issuer, the Determination Agent and the Portfolio Administrator whether such Subscription Order has been cancelled. (D) If the Issuing and Paying Agent notifies the cancellation of settle the Subscription Order in accordance with this Clause 4.2the foreseeable future, the Subscription Order may be cancelled. Such Subscription Order will be cancelled subject to the agreement of the Arranger, the Initial Authorised Participant, the Portfolio Administrator on behalf of the Issuer and the Issuing and Paying Agent on behalf of the Issuer shall arrange for Issuer, each acting in good faith and in a commercially reasonable manner. (B) Upon such cancellation, (i) any portion of the Subscription Amount paid by the Initial Authorised Participant: (a) shall be applied in payment of the Subscription Price for the ETP Securities that may be settled by such portion of the Subscription Amount (the “Partial Subscription ETP Securities”) and the Partial Subscription ETP Securities shall settle on the Subscription Order Cancellation Date and (b) to the extent not applied as described in (a), be returned to the Initial Authorised Participant; and (ii) any ETP Securities (other than the Partial Subscription ETP Securities) issued on the relevant Subscription Settlement Date pursuant to the portion of the cancelled Subscription Order which are pending settlement to the Initial Authorised Participant shall automatically be cancelled.