Common use of Additional Provisions Relating to a Write-Down and Cancellation Clause in Contracts

Additional Provisions Relating to a Write-Down and Cancellation. (a) To the extent that the Securities are held in the form of Certificated Securities, the Trustee, Register and paying agent, as applicable, shall provide cooperation in good faith to facilitate the procedures and terms set forth in this Perpetual Subordinated Indenture in connection with any Write-Down and Cancellation, including ceasing to register any attempted transfer of any Securities and reflecting the Write-Down and Cancellation on the Register as of the Write-Down and Cancellation Date. By its acquisition of the Securities, each Holder shall be deemed to have authorized, directed and requested the Trustee, Registrar, paying agent and any other intermediary through which it holds such Securities to take any and all necessary action, if required, to effectuate the Write-Down and Cancellation as of the Write-Down and Cancellation Date. All authority conferred or agreed to be conferred by each Holder pursuant to this Section 13.07, including the consents given by such Xxxxxx, shall be binding upon the successors, assigns, heirs, executors, administrators, trustees in bankruptcy and legal representatives of such Xxxxxx. (b) Upon the occurrence of a Non-Viability Event or Bankruptcy Event and delivery of the related Write-Down and Cancellation Notice by the Company to the Trustee, any and all moneys deposited with the Trustee (and held by it or any Paying Agent) for the payment of any amounts under the Securities that have not become due and payable prior to the date of such Non-Viability Event or Bankruptcy Event shall be returned promptly to the Company. For the avoidance of doubt, a Non-Viability Event or Bankruptcy Event and the resulting Write-Down and Cancellation shall not constitute a default or breach under this Perpetual Subordinated Indenture.

Additional Provisions Relating to a Write-Down and Cancellation. (a) To the extent that the Securities are held in the form of Certificated SecuritiesIn connection with any Write-Down and Cancellation, subject to Section 13.08 hereof, the Trustee, Register Registrar and paying agentPaying Agent, as applicable, shall provide cooperation act in good faith to facilitate a manner consistent with the procedures and terms set forth in this Perpetual Subordinated Indenture in connection with any Write-Down and Cancellationrelating thereto, including ceasing to register any attempted transfer of any Securities and reflecting the Write-Down and Cancellation on the Register as of the Write-Down and Cancellation Date. By its acquisition of the Securities, each Holder shall be deemed to have authorized, directed and requested the Trustee, Registrar, paying agent Paying Agent and any other intermediary through which it holds such Securities to take any and all necessary action, if required, to effectuate the Write-Down and Cancellation as of the Write-Down and Cancellation DateDate in accordance with the terms of this Indenture. All authority conferred or agreed to be conferred by each Holder pursuant to this Section 13.07Section, including the consents given by such Xxxxxx, shall be binding upon the successors, assigns, heirs, executors, administrators, trustees in bankruptcy and legal representatives of such XxxxxxHolder. (b) Upon the occurrence of a Non-Viability Event or Bankruptcy Event and delivery of the related Write-Down and Cancellation Notice by the Company to the Trustee, any and all moneys deposited with the Trustee (and held by it or any Paying Agent) for the payment of any amounts under the Securities that have not become due and payable prior to the date of such Non-Viability Event or Bankruptcy Event shall be returned promptly to the Company. For the avoidance of doubt, a Non-Viability Event or Bankruptcy Event and the resulting Write-Down and Cancellation shall not constitute a default or breach under this Perpetual Subordinated Indenture.

Additional Provisions Relating to a Write-Down and Cancellation. (a) To the extent that the Securities are held in the form of Certificated Securities, the Trustee, Register and paying agent, as applicable, shall provide cooperation in good faith to facilitate the procedures and terms set forth in this Perpetual Subordinated Indenture in connection with any Write-Down and Cancellation, including ceasing to register any attempted transfer of any Securities and reflecting the Write-Down and Cancellation on the Register as of the Write-Down and Cancellation Date. By its acquisition of the Securities, each Holder shall be deemed to have authorized, directed and requested the Trustee, Registrar, paying agent Paying Agent and any other intermediary through which it holds such Securities to take any and all necessary action, if required, to effectuate the Write-Down and Cancellation as of the Write-Down and Cancellation Date. All authority conferred or agreed to be conferred by each Holder pursuant to this Section 13.07, including the consents given by such Xxxxxx, shall be binding upon the successors, assigns, heirs, executors, administrators, trustees in bankruptcy and legal representatives of such Xxxxxx. (b) Upon the occurrence of a Non-Viability Event or Bankruptcy Event and delivery of the related Write-Down and Cancellation Notice by the Company to the Trustee, any and all moneys deposited with the Trustee (and held by it or any Paying Agent) for the payment of any amounts under the Securities that have not become due and payable prior to the date of such Non-Viability Event or Bankruptcy Event shall be returned promptly to the Company. For the avoidance of doubt, a Non-Viability Event or Bankruptcy Event and the resulting Write-Down and Cancellation shall not constitute a default or breach under this Perpetual Subordinated Indenture.

Additional Provisions Relating to a Write-Down and Cancellation. (a) To the extent that the Securities are held in the form of Certificated Securities, the Trustee, Register and paying agent, as applicable, shall provide cooperation in good faith to facilitate the procedures and terms set forth in this Perpetual Fixed-Term Subordinated Indenture in connection with any Non-Viability Write-Down and CancellationDown, including ceasing to register any attempted transfer of any Securities and reflecting the Non-Viability Write-Down and Cancellation on the Register as of the Write-Down and Cancellation Date. By its acquisition of the Securities, each Holder shall be deemed to have authorized, directed and requested the Trustee, Registrar, paying agent and any other intermediary through which it holds such Securities to take any and all necessary action, if required, to effectuate the Non-Viability Write-Down and Cancellation as of the Write-Down and Cancellation Date. All authority conferred or agreed to be conferred by each Holder pursuant to this Section 13.07, including the consents given by such Xxxxxx, shall be binding upon the successors, assigns, heirs, executors, administrators, trustees in bankruptcy and legal representatives of such Xxxxxx. (b) Upon the occurrence of a Non-Viability Event or Bankruptcy Event and delivery of the related Write-Down and Cancellation Notice by the Company to the Trustee, any and all moneys deposited with the Trustee (and held by it or any Paying Agent) for the payment of any amounts under the Securities that have not become due and payable prior to the date of such Non-Viability Event or Bankruptcy Event shall be returned promptly to the Company. For the avoidance of doubt, a Non-Viability Event or Bankruptcy Event and the resulting Non-Viability Write-Down and Cancellation shall are not constitute a default or breach Acceleration Events under this Perpetual Fixed-Term Subordinated Indenture.