Prospectus Supplement for Index Linked Notes slide image

Prospectus Supplement for Index Linked Notes

(i) (j) effect on the ability of the Bank to perform its obligations under the Notes or of dealers generally to acquire, place, establish, re-establish, substitute, maintain, modify or unwind or dispose of any hedge transaction in respect of the Index or to realize, recover or remit the proceeds of any such hedge transaction in respect of the Index or has or would have a material and adverse effect on the economy or the trading of securities generally on any relevant Exchange or Related Exchange; an increase in the cost of acquiring, placing, establishing, re-establishing, substituting, maintaining, modifying or unwinding or disposing of any hedge transaction in connection with the Index or in the cost of realizing, recovering or remitting the proceeds of any such hedge transaction; the termination or material amendment of any hedging contract with a third party; or (k) a significant adverse risk to investors, as determined by the Calculation Agent, regarding the market price, value, marketability, or return payable (including the risk of the imposition of U.S. withholding tax) with respect to the Notes as a result of any adoption of, or any change in, any law, order, regulation, tax, decree or notice, or issuance of any directive or promulgation of, or any change in the interpretation, whether formal or informal, by any court, tribunal, regulatory authority or similar administrative or judicial body of any law, order, regulation, decree or notice. Extraordinary Event If the Calculation Agent determines that an Extraordinary Event has occurred, the Bank may elect at its absolute discretion to redeem all, but not less than all, of the Notes. If the Bank so elects, it will provide notice thereof to the Investor, on an Exchange Business Day on or after which such Extraordinary Event has occurred which notice will include a date for the redemption of the Notes (the "Special Redemption Date") which will be not more than ten Exchange Business Days following delivery of such notice by the Bank. In such event, the Calculation Agent will determine the value of the Notes (the "Accelerated Value") acting in good faith in accordance with industry-accepted methods taking into account all relevant market circumstances. The Bank will make available to investors on the Special Redemption Date, the Accelerated Value payable pursuant to such redemption, through CDS Clearing and Depository Services Inc. or its nominee. Upon the determination of the Accelerated Value, the investor's right to receive any further payments on the Notes will be extinguished. It is possible that the Accelerated Value may be less than the amount that might have been payable at maturity of the Note absent the occurrence of the Extraordinary Event and the election by the Bank to pay the Accelerated Value. "Extraordinary Event" means: (a) the determination by the Calculation Agent that a Market Disruption Event has occurred and has continued for at least eight (8) consecutive Exchange Business Days; (b) the occurrence of a Material Index Change and, if applicable, the Calculation Agent has elected not to choose a Successor Index or calculate the Index, as the case may be, as provided for above under "Index Adjustments"; or (c) the occurrence of any event described in paragraph (f) of the definition of Market Disruption Event. Available Information Regarding Notes and Index Levels Investors may obtain current information regarding the Notes and the percentage change in Index levels for such Notes at a point in time at www.investorsolutions.gbm.scotiabank.com. Such information includes the key terms of the Notes (i.e. maturity date, term, amount of any minimum principal repayment, underlying interests, and availability of secondary markets), the current performance of the Notes (i.e. PROD-SUP-ILN-9
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