Annex IV: Content of email prior to Closing.
We are writing to you as legal representative of the Company in relation to the transaction which we have been negotiating over the last few days).
In order to try to close the transaction, BBVA wants to be certain that as a representative of the Counterparty, you have understood and are entirely aware of the workings and risks of the transaction, as well as of the related rights and obligations, which are outlined in the attached document and which have been explained to you already by BBVA.
The transaction will be contracted by telephone, where applicable, in order to adjust the prices and economic terms which both parties agreed to in order to close the negotiating process which we refer to. This transaction, which will be recorded, will include the definitive terms and conditions of the transaction, and, once agreed by mutual consent over the telephone, the transaction will be contracted (and accordingly, it will be entirely valid, binding and irrevocable), and neither party will be able to withdraw from it. Please do not hesitate to inform us of any uncertainties regarding any aspect of the transaction arising during the telephone conversation setting up the transaction.
Without affecting the full validity of the telephone contracting, subsequently we will send you a document including the written terms of the contracted transaction (the “Confirmation”). As soon as possible, and no later than fifteen (15) working days from the date of receipt of the Confirmation, the Counterparty must send the signed Confirmation to BBVA. In any case, once 15 working days have gone by since receipt of the Confirmation (even by email), if the Counterparty has not communicated any discrepancies regarding the terms of this Confirmation, this will imply that the Counterparty accepts these terms.
The sending of this communication and the attached document should under no circumstances be seen as an advisory service in terms of investment, given that it does not include a personalised investment recommendation, nor any advice to carry out any transaction such as the one outlined in the attached document. Under no circumstances can it be considered that the receipt of this communication and the attached document means that BBVA is qualifying or presenting the transaction as ideal for the recipient, given that it has not taken into account the latter’s personal circumstances (his/her specific investment objectives, financial position or risk profile) when preparing these documents. The recipient of this communication and the attached document must take his/her own investment decisions, obtaining any specific specialised non-BBVA advice necessary.