Common use of Acknowledgement and Consent to Bail-In of EEA Financial Institutions Clause in Contracts

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Document, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 8 contracts

Samples: First Lien Credit Agreement (BrightSpring Health Services, Inc.), Second Lien Credit Agreement (BrightSpring Health Services, Inc.), Lien Credit Agreement (BrightSpring Health Services, Inc.)

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Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 8 contracts

Samples: Credit Agreement (Infinity Natural Resources, Inc.), Credit Agreement (California Resources Corp), Possession Credit Agreement (Avaya Holdings Corp.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 7 contracts

Samples: Revolving Credit Agreement (F5, Inc.), Credit Agreement (Ensemble Health Partners, Inc.), Credit Agreement (Essential Utilities, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 7 contracts

Samples: Credit Agreement (Grindr Inc.), Credit Agreement (Grindr Inc.), Credit Agreement (Tiga Acquisition Corp.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 6 contracts

Samples: 1l Loan Agreement (Blue Owl Credit Income Corp.), Credit and Guaranty Agreement (Eos Energy Enterprises, Inc.), L Loan Agreement (Blue Owl Capital Corp III)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 6 contracts

Samples: Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto to Amendment No. 1 and each Person that becomes a party to any Loan Document after the Amendment No. 1 Effective Date acknowledges that any liability of any Lender party hereto (other than a Loan Party) that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Loan Document may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Select Medical Holdings Corp), First Lien Credit Agreement (Select Medical Holdings Corp), First Lien Credit Agreement (Select Medical Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 5 contracts

Samples: Credit Agreement (Texas New Mexico Power Co), And Restatement of Credit Agreement (Texas New Mexico Power Co), Credit Agreement (Public Service Co of New Mexico)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down Write‑Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documenthereto, each such party hereto acknowledges that any liability of any Lender or Agent that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Credit Agreement (Delphi Technologies PLC), Pledge and Security Agreement (Caseys General Stores Inc), Pledge and Security Agreement (Delphi Technologies PLC)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-down and conversion powersWrite-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Fortive Corp), Revolving Credit Agreement (Fortive Corp), Revolving Credit Agreement (Neiman Marcus Group LTD LLC)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document herein or in any other agreement, arrangement or understanding among any such parties to any Credit Loan Document, each party hereto acknowledges that any liability of any Lender party hereto that is an EEA Financial Institution arising hereunder or under any Credit other Loan Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Credit Agreement (Core & Main, Inc.), Credit Agreement (Core & Main, Inc.), Omnibus Amendment (SiteOne Landscape Supply, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Financing Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Financing Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Loan Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender or Issuing Bank that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Amendment Agreement (Qwest Corp), Restatement Agreement (Centurylink, Inc), Credit Agreement (Centurylink, Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document herein or in any other agreement, arrangement or understanding among any such parties to any Credit Loan Document, each party hereto acknowledges that any liability of any Lender party hereto that is an EEA Financial Institution arising hereunder or under any Credit other Loan Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 4 contracts

Samples: Credit Agreement (Tribune Media Co), Credit Agreement (Atkore International Group Inc.), Credit Agreement (Envision Healthcare Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Investment Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Investment Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Credit Agreement (Venus Concept Inc.), Credit Agreement (Establishment Labs Holdings Inc.), Credit Agreement (Establishment Labs Holdings Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Series 2013-A Related Document, each party hereto acknowledges that any liability of any Lender Funding Agent, Conduit Investor or Committed Note Purchaser that is an EEA Financial Institution arising under any Credit Series 2013-A Related Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Hertz Corp), Assignment and Assumption Agreement (Hertz Corp), Assignment and Assumption Agreement (Hertz Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Document, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Credit Agreement (Del Frisco's Restaurant Group, Inc.), Credit Agreement (Del Frisco's Restaurant Group, Inc.), Bridge Credit Agreement (GoDaddy Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Credit Agreement (Gates Industrial Corp PLC), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any New Refinancing Lender (as defined in the Third Amendment) that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (Gci Liberty, Inc.), Credit and Guarantee Agreement (General Communication Inc), Credit Agreement (General Communication Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto (including any party becoming a party hereto by virtue of an Assignment Agreement) acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Loan Document, each party hereto acknowledges that any liability of any Lender or Issuing Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Intercreditor Agreement (Covetrus, Inc.), Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender is an EEA Financial Institution and is a party to this Agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any such Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 3 contracts

Samples: Credit Agreement (Teligent, Inc.), Credit Agreement (Inseego Corp.), Credit Agreement (Inseego Corp.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender or any L/C Issuer that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Abl Credit Agreement (Ciena Corp), Abl Credit Agreement

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or Issuing Bank that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or Issuing Bank that is an EEA Financial Institution is a party to this Agreement, notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: First Lien Credit Agreement (Convey Holding Parent, Inc.), Credit Agreement (Convey Holding Parent, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Credit Agreement and notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (National Vision Holdings, Inc.), Credit Agreement (National Vision Holdings, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender or Issuing Bank that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Aqua America Inc), Credit Agreement (Trimble Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Document may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such of the parties to any Credit Documenthereto, each party hereto (for purposes of this Section 9.18, the “Acknowledging Party”) acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority Authority, and each Acknowledging Party agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (STERIS PLC), Credit Agreement (STERIS PLC)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Tronox LTD), Credit Agreement (Tronox LTD)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Facility Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Facility Document, to the extent such liability is unsecured, may be subject to the Write-Down writedown and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Maxar Technologies Ltd.), 2012 Credit Agreement (Macdonald Dettwiler & Associates LTD)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding NotwithstandingSolely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Term Lender Agreement (Uber Technologies, Inc), Term Lender Agreement (Uber Technologies, Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto (including any party becoming a party hereto by virtue of an Assignment and Acceptance) acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement (Centerspace), Term Loan Agreement (Centerspace)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Series 2013-B Related Document, each party hereto acknowledges that any liability of any Lender Funding Agent, Conduit Investor or Committed Note Purchaser that is an EEA Financial Institution arising under any Credit Series 2013-B Related Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Hertz Corp), Assignment and Assumption Agreement (Hertz Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an 509265-1868-14449-Active.18623094.29 EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (California Resources Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 136

Appears in 1 contract

Samples: Credit Agreement (Transocean Ltd.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document herein or in any other agreement, arrangement or understanding among any such parties to any Credit Loan Document, each party hereto from time to time, acknowledges that any liability of any Lender party hereto that is an EEA Financial Institution arising hereunder or under any Credit other Loan Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Everi Holdings Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Document may be subject to the Write-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 194

Appears in 1 contract

Samples: Credit Agreement (BrightView Holdings, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 199

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Artivion, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Credit Party that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender Credit Party that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Hubbell Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document 41 or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: First Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Intelsat S.A.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Document, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Letter of Credit Agreement (Hertz Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Document, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary herein or in any other Credit Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Entegris Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA 101 WEIL:\96958663\10\71605.0155 Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (REVA Medical, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Document may be subject to the Write-Down and Conversion Powers powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Nine Energy Service, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such of the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Audacy, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender is an EEA Financial Institution and notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Enerflex Ltd.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. (a) Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-down and conversion powersWrite-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Term Loan Agreement (American Assets Trust, L.P.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEAAffected Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA EEAAffected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Document, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (European Wax Center, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender EEALender that is an EEA Affected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-downWrite-Down and Conversion Powers cConversion pPowers of an EEA EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Gates Industrial Corp PLC)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Financing Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Financing Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 70 Cleco Power LLC Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Financing Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Financing Document, to the extent 40 Bakersfield Refinery - HoldCo Credit Agreement such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)

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Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document herein or in any other agreement, arrangement or understanding among any such parties to any Credit First Lien Loan Document, each party hereto acknowledges that any liability of any Lender party hereto that is an EEA Financial Institution arising hereunder or under any Credit other First Lien Loan Document, to the extent such liability is unsecuredunsecured (all such liabilities, other than any Excluded Liability, the “Covered Liabilities”), may be subject to the Write-Down down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Atkore International Group Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any 125 liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA EEAAffected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Document may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Live Nation Entertainment, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Landec Corp \Ca\)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. 134 CHAR1\1461780v16 Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Griffin-American Healthcare REIT IV, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender or Issuing Bank that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be 210 #97036997v3 subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: First Lien Credit Agreement (GoodRx Holdings, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that EEA Financial Institution or UK Financial Institution (to the extent it is not an EEA Financial Institution Institution) arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA a Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Scorpio Bulkers Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Document may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: 364 Day Bridge Credit Agreement (Genuine Parts Co)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Financing Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA EEAAffected Financial Institution arising under any Credit Financing Document, to the extent such liability is unsecured, may be subject to the Writewrite-down and conversion powers of an EEAWrite-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 138 55297837

Appears in 1 contract

Samples: Revolving Credit Agreement (TCG BDC II, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender or the L/C Issuer that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 130 118711003_9

Appears in 1 contract

Samples: Credit Agreement (Envista Holdings Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, Document may be subject to the Write-Down and Conversion Powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (BrightView Holdings, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in this Credit Agreement, any Credit other Loan Document or in any other agreement, arrangement or understanding among any such of the parties to any Credit Documentthereto, each party hereto to this Credit Agreement acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Credit Agreement or any Credit other Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (CAI International, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-down and conversion powersWrite-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Flowers Foods Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Financing Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Financing Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers 132 of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Revolving Credit Agreement (TCG BDC II, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, 222 LPL – Conformed A&R Credit Agreement arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Fourth Amendment (LPL Financial Holdings Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto of the Administrative Agent, the Borrowers and the Revolving Credit Lenders acknowledges that any liability of any Revolving Credit Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Change Healthcare Holdings, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement, notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Keypath Education International, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. (a) Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Amerigas Partners Lp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Write- 138 Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Griffin-American Healthcare REIT IV, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties hereto or to any Credit other Loan Document, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Convergys Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender Bank that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Stone Energy Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any theany such parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA EEAAffected Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Marvell Technology Group LTD)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. (a) Notwithstanding anything to the contrary in any Credit Document this Agreement or in any other agreement, arrangement or understanding among any such parties to any Credit Documentbetween the Company and Standard Chartered Bank (“SC”), each party hereto of the Company and SC acknowledges that any liability of any Lender that is an EEA Financial Institution (as defined below) arising under any Credit Documentthis Agreement, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority (as defined below) and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Underwriting Agreement (American Airlines, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any 86678088_4 other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding NotwithstandingSolely to the extent any Lender is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Credit Document herein or in any other agreementLoan Document, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Agreement or any Credit other Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Term Loan Credit Agreement (J M SMUCKER Co)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything herein to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Security Agreement (Pioneer Energy Services Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender or L/C Issuer that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Flir Systems Inc)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender or Issuing Bank that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Iridium Communications Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Artivion, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA a Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Global Eagle Entertainment Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. (a) Notwithstanding anything to the contrary in this Indenture, any Credit Document other Transaction Documents or in any other agreement, arrangement or understanding among any such the parties to any Credit Documentthe Transaction Documents, each party hereto hereby acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Indenture or any Credit Documentother Transaction Documents, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Indenture (DITECH HOLDING Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that which is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such of the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: 154

Appears in 1 contract

Samples: Credit Agreement (NCS Multistage Holdings, Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such the parties to any Credit Documenthereto, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Vine Energy Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the Writewrite-Down down and Conversion Powers conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:: LPL – Conformed A&R Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (LPL Financial Holdings Inc.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured112 unsecured (all such liabilities, the “Covered Liabilities”), may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Loan Document or in any 86539978_7 other agreement, arrangement or understanding among any such parties to any Credit Documentparties, each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under any Credit Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Appears in 1 contract

Samples: Credit Agreement (Chicago Bridge & Iron Co N V)

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