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

Acknowledgment and Consent to Bail-In. (a) Each party hereto acknowledges that any liability of any Lender that is an EEA Financial Institution arising under this Amendment, 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: (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 (ii) 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 Amendment; 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. (b) Each party hereto acknowledges that the occurrence of any Distressed Person becoming the subject of a Bail-In Action would constitute a Lender-Related Distress Event. (c) For the purposes of this Section 11:

Appears in 1 contract

Samples: Credit Agreement (VWR Corp)

AutoNDA by SimpleDocs

Acknowledgment and Consent to Bail-In. (a) Each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under this Ninth Amendment, 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: (i) the application of any Write-Down and Conversion Powers by an EEA the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Affected Financial Institution; and (ii) the effects of any Bail-in 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 Affected 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 Ninth Amendment; 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 the applicable Resolution Authority. (b) Each party hereto acknowledges that the occurrence of any Distressed Person becoming the subject of a Bail-In Action would constitute a Lender-Related Distress Event. (c) For the purposes of this Section 11:

Appears in 1 contract

Samples: Credit Agreement (Axalta Coating Systems Ltd.)

Acknowledgment and Consent to Bail-In. (a) Each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under this Amendment, 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: (i) the application of any Write-Down and Conversion Powers by an EEA the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Affected Financial Institution; and (ii) the effects of any Bail-in In Action on any such liability, including, if applicable: (A) A. a reduction in full or in part or cancellation of any such liability; (B) B. a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Affected 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 Amendment; or (C) C. the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA the applicable Resolution Authority. (b) Each party hereto acknowledges that the occurrence of any Distressed Person becoming the subject of a Bail-In Action would constitute a Lender-Related Distress Event. (c) For the purposes of this Section 1114:

Appears in 1 contract

Samples: Credit Agreement (Surgery Partners, Inc.)

AutoNDA by SimpleDocs

Acknowledgment and Consent to Bail-In. (a) Each party hereto acknowledges that any liability of any Lender that is an EEA Affected Financial Institution arising under this Tenth Amendment, 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: (i) the application of any Write-Down and Conversion Powers by an EEA the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Affected Financial Institution; and (ii) the effects of any Bail-in 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 Affected 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 Tenth Amendment; 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 the applicable Resolution Authority. (b) Each party hereto acknowledges that the occurrence of any Distressed Person becoming the subject of a Bail-In Action would constitute a Lender-Related Distress Event. (c) For the purposes of this Section 1112:

Appears in 1 contract

Samples: Credit Agreement (Axalta Coating Systems Ltd.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!