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

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each party hereto acknowledges that any liability of any EEA Financial Institution arising under this Agreement or any other 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: 11.31.1 the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 the effects of any Bail-In Action on any such liability, including, if applicable: (a) a reduction in full or in part or cancellation of any such liability; (b) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreement; or (c) the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of any EEA Resolution Authority.

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each (a) Each party hereto acknowledges that any liability of any Revolving Credit Lender that is an EEA Financial Institution arising under this Agreement or any other Credit DocumentEighth Amendment, 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: 11.31.1 (i) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (ii) the effects of any Bail-In Action on any such liability, including, if applicable: (aA) a reduction in full or in part or cancellation of any such liability; (bB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementEighth Amendment; or (cC) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority. (b) For the purposes of this Section 11:

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each (i) Each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Agreement or any other Credit DocumentFifth Amendment, 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: 11.31.1 (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (b) the effects of any Bail-In Action on any such liability, including, if applicable: (aI) a reduction in full or in part or cancellation of any such liability; (bII) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementFifth Amendment; or (cIII) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority. (ii) For the purposes of this Section 13:

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each (a) Each party hereto acknowledges that any liability of any Revolving Lender that is an EEA Financial Institution arising under this Agreement or any other Credit DocumentThird Amendment, 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: 11.31.1 (i) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (ii) the effects of any Bail-In in Action on any such liability, including, if applicable: (aA) a reduction in full or in part or cancellation of any such liability; (bB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementThird Amendment; or (cC) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority. (b) For the purposes of this Section 11:

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each (i) Each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Agreement or any other Credit DocumentSixth Amendment, 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: 11.31.1 (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (b) the effects of any Bail-In Action on any such liability, including, if applicable: (aI) a reduction in full or in part or cancellation of any such liability; (bII) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementSixth Amendment; or (cIII) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority. (ii) For the purposes of this Section 13:

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each (i) Each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Agreement or any other Credit DocumentSeventh Amendment, 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: 11.31.1 (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (b) the effects of any Bail-In Action on any such liability, including, if applicable: (aI) a reduction in full or in part or cancellation of any such liability; (bII) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementSeventh Amendment; or (cIII) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority. (ii) For the purposes of this Section 12:

Acknowledgment and Consent to Bail-In. Notwithstanding any other term of this Agreement, any other Credit Document or any other agreement, arrangement or understanding among the parties hereto, each (i) Each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Agreement or any other Credit DocumentFourth Amendment, 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: 11.31.1 (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (b) the effects of any Bail-In Action on any such liability, including, if applicable: (aI) a reduction in full or in part or cancellation of any such liability; (bII) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementFourth Amendment; or (cIII) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority. (ii) For the purposes of this Section 14:

Acknowledgment and Consent to Bail-In. Notwithstanding anything to the contrary in any other term of this Agreement, any other Credit Document or in any other agreement, arrangement or understanding among the parties heretoany such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under this Agreement or any other Credit Document, to the extent such liability is unsecured, Document 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: 11.31.1 (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and 11.31.2 (b) the effects of any Bail-In Action on any such liability, including, if applicable: (ai) a reduction in full or in part or cancellation of any such liability; (bii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertakingentity, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other agreementCredit Document; or (ciii) the variation of the terms of such liability in connection with the exercise of the Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority.