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Watch the recording >The Agent is of the opinion that it is not to the benefit of the parties that the term Tax Event is undefined in the Terms and Conditions, since that creates an uncertainty of the scope of that term and in respect of what events constitute a Tax Event (which potentially gives the Issuer wider discretion to claim that a certain event constitutes a Tax Event). The Agent has therefore agreed with the Issuer to amend the Terms and Conditions by inserting a definition of Tax Event in the Terms and Conditions. The inserted definition of Tax Event is in line with the same definition used in the terms and conditions for other Tier 2 Subordinated Bonds on the market. The inserted definition reads as follows:
“Tax Event” means the occurrence of any amendment to, clarification of or change in the laws, treaties or regulations of Sweden affecting taxation (including any change in the interpretation by any court or authority entitled to do so) or any governmental action, on or after the Issue Date and which was not foreseeable at the Issue Date, resulting in that:
(a) the Issuer is, or becomes, subject to a significant amount of additional taxes, duties or other governmental charges or civil liabilities with respect to the Notes; or
(b) the treatment of any of the Issuer’s items of income or expense with respect to the
Notes as reflected on the tax returns (including estimated returns) filed (or to be filed) by the Issuer will not be accepted by any tax authority, which subjects the Issuer to a significant amount of additional taxes, duties or governmental charges.
The amendment of the Terms and conditions became effective on 4 April 2016 and the full version of the amended Terms and Conditions is to be found here.
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