Common use of Acknowledgment and Consent to Bail-In of Affected Financial Institutions Clause in Contracts

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documents, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (i) the application of any Write-Down and Conversion Powers by a Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (ii) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 3 contracts

Samples: Credit Agreement (ODP Corp), Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)

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Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: by (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and and (iib) the any effects of any Bail-In in Action on any such liability, including, if applicable. The following terms have the following meanings:

Appears in 3 contracts

Samples: Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (iib) the effects of any Bail-In in Action on any such liability, including, if applicable:

Appears in 2 contracts

Samples: Credit Agreement (NRG Energy, Inc.), Credit Agreement (Universal Health Realty Income Trust)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, Document may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (iib) the effects of any Bail-In Action on any such liability, including, if applicable:: (i) a reduction in full or in part or cancellation of any such liability;

Appears in 1 contract

Samples: Credit Agreement (SJW Group)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: by (ia) , the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (ii) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Credit Agreement (Essential Utilities, Inc.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, Credit Document may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (ia) the application of any Write-Down and Conversion Powers by a an the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (iib) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Credit Agreement (KLX Energy Services Holdings, Inc.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: : (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and and (iib) the effects of any Bail-In in Action on any such liability, including, if applicable:: (i) a reduction in full or in part or cancellation of any such liability;

Appears in 1 contract

Samples: Credit Agreement (Globe Life Inc.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (id) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto Lender that is an Affected Financial Institution; and (iie) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Credit Agreement (Sterling Check Corp.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such of the parties to the Loan Documentshereto, each party hereto acknowledges that any liability of any Lender or Fronting Bank that is an Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto Lender or Fronting Bank that is an Affected Financial Institution; and (iib) the effects of any Bail-In in Action on any such liability, including, if applicable:: 96

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability liabilities of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (iby:(a) the application of any Write-Down and Conversion Powers by a an the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (ii) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Credit Agreement (Trinseo PLC)

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Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: by (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and and (iib) the any effects of any Bail-In in Action on any such liability, including, if applicable. 66 The following terms shall have the following meanings:

Appears in 1 contract

Samples: Credit Agreement (Greenlight Capital Re, Ltd.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (iib) the effects of any Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability;

Appears in 1 contract

Samples: Credit Agreement (Blue Owl Capital Inc.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (ia) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (iib) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Oaktree Specialty Lending Corp)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, Document may be subject to the writeWrite-down Down and conversion powers Conversion Powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: : (ian) (a) the application of any Write-Down and Conversion Powers by a an applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and and (iiao) the effects of any Bail-In in Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Asset Based Revolving Credit Agreement (Vista Outdoor Inc.)

Acknowledgment and Consent to Bail-In of Affected Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties to the Loan Documentsparties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of a the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: : (i144) the application of any Write-Down and Conversion Powers by a the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (ii) the effects of any Bail-In Action on any such liability, including, if applicable:

Appears in 1 contract

Samples: Credit Agreement (Kosmos Energy Ltd.)

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