Bail-In Action. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements or understanding between the BRRD Parties and the BRRD Counterparties, each BRRD Counterparty acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledges, accepts and agrees to be bound by: (a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party to any BRRD Counterparty under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof: (A) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; (B) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of such BRRD Parties or another person, and the issue to or conferral on the relevant BRRD Counterparties of such shares, securities or obligations; (C) the cancellation of the BRRD Liability; (D) amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period; (b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. As used herein,
Appears in 4 contracts
Samples: International Underwriting Agreement (Baidu, Inc.), International Underwriting Agreement (Baidu, Inc.), International Underwriting Agreement (GDS Holdings LTD)
Bail-In Action. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreementsagreement, arrangements arrangement or understanding between the BRRD Parties and the BRRD CounterpartiesParties, each BRRD Counterparty (as defined below) acknowledges and accepts that a BRRD Liability (as defined below) arising under this Agreement may be subject to the exercise of Bail-in Powers (as defined below) by the Relevant Resolution Authority, Authority (as defined below) and acknowledges, accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any the relevant BRRD Party (as defined below) to any the relevant BRRD Counterparty under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(Ai) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(Bii) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of such the relevant BRRD Parties Party or another person, and the issue to or conferral on the relevant BRRD Counterparties Counterparty of such shares, securities or obligations;
(Ciii) the cancellation of the BRRD Liability;; and
(Div) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period;
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. As used herein,In this Clause:
Appears in 2 contracts
Samples: International Underwriting Agreement (MINISO Group Holding LTD), International Underwriting Agreement (Li Auto Inc.)
Bail-In Action. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreementsagreement, arrangements arrangement or understanding between the BRRD Parties and the BRRD CounterpartiesParties, each BRRD Counterparty (as defined below) acknowledges and accepts that a BRRD Liability (as defined below) arising under this Agreement may be subject to the exercise of Bail-in Powers (as defined below) by the Relevant Resolution Authority, Authority (as defined below) and acknowledges, accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any the BRRD Party (as defined below) to any the relevant BRRD Counterparty under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(Ai) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(Bii) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of such the BRRD Parties Party or another person, and the issue to or conferral on the relevant BRRD Counterparties Counterparty of such shares, securities or obligations;
(Ciii) the cancellation of the BRRD Liability;; and
(Div) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period;
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. As used herein,In this Clause:
Appears in 1 contract
Samples: International Underwriting Agreement (BeiGene, Ltd.)
Bail-In Action. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements or understanding understandings between or among any of the BRRD Parties and the BRRD Counterpartiesparties to this Agreement, each BRRD Counterparty acknowledges of the parties to this Agreement acknowledges, accepts and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, Authority and acknowledges, accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers (as defined below) by the Relevant Resolution Authority in relation to any BRRD Liability of any a BRRD Party (the “Relevant BRRD Party”) to any BRRD Counterparty it, as applicable, under this Agreement, Agreement that (without limitation) may include and result in any of the following, or some combination thereof:
(Ai) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(Bii) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of such the Relevant BRRD Parties Party or another person, person and the issue to or conferral on the relevant BRRD Counterparties it, as applicable, of such shares, securities or obligations;
(Ciii) the cancellation of the BRRD Liability;; and
(Div) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period;; and
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. As used herein,For purposes of this Section 18:
Appears in 1 contract
Bail-In Action. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreementsagreement, arrangements arrangement or understanding between the BRRD Parties and the BRRD CounterpartiesParties, each BRRD Counterparty (as defined below) acknowledges and accepts that a BRRD Liability (as defined below) arising under this Agreement may be subject to the exercise of Bail-in Powers (as defined below) by the Relevant Resolution Authority, Authority (as defined below) and acknowledges, accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any the BRRD Party (as defined below) to any the relevant BRRD Counterparty under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(A) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(B) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of such the BRRD Parties Party or another person, and the issue to or conferral on the relevant BRRD Counterparties Counterparty of such shares, securities or obligations;
(C) the cancellation of the BRRD Liability;; and
(D) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period;
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. As used herein,In this Clause:
Appears in 1 contract
Bail-In Action. Notwithstanding and to the exclusion of any other term of this Agency Agreement or any other agreements, arrangements arrangements, or understanding between the BRRD Parties Registrar and the BRRD Counterpartieseach other party hereto, each BRRD Counterparty such party acknowledges and accepts that a BRRD Liability arising under this Agency Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledges, accepts accepts, and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party the Registrar to any BRRD Counterparty other party under this Agreementagreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(A) i. the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(B) ii. the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of such BRRD Parties the Registrar or another person, and the issue to or conferral on the relevant BRRD Counterparties another party of such shares, securities or obligations;
(C) iii. the cancellation of the BRRD Liability;
(D) iv. the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period;
(b) the variation of the terms of this Agency Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. As used herein,.
Appears in 1 contract
Samples: Agency Agreement