Common use of Bail-in Powers Clause in Contracts

Bail-in Powers. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the Underwriters, the Company 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 the Underwriters to the Company under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof: i. the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; ii. the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the Company or another person, and the issue to or conferral on the Underwriters of such shares, securities or obligations; iii. the cancellation of the BRRD Liability; 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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Appears in 2 contracts

Samples: Underwriting Agreement (Brown Forman Corp), Underwriting Agreement (Brown Forman Corp)

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Bail-in Powers. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the Underwriters, the Company 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 the Underwriters to the Company under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof: i. the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; ii. the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the Company Underwriters or another person, and the issue to or conferral on the Underwriters Company of such shares, securities or obligations; iii. the cancellation of the BRRD Liability; 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;; 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.

Appears in 1 contract

Samples: Underwriting Agreement (Zimmer Biomet Holdings, Inc.)

Bail-in Powers. Notwithstanding and to the exclusion of any other term of this Agreement, any Terms Agreement or any other agreements, arrangements, or understanding between the Company Agents or any Purchaser and the UnderwritersCompany, the Company acknowledges and acknowledges, 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, Authority 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 of the Underwriters Agents to the Company under this Agreement or any Terms Agreement, that which (without limitation) may include and result in any of the following, or some combination thereof: i. (i) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; (ii. ) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of any of the Company Agents or another person, person (and the issue to or conferral on the Underwriters Company of such shares, securities or obligations); (iii. ) the cancellation of the BRRD Liability; (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 AgreementAgreement or any Terms Agreement relating to such BRRD Liability, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Appears in 1 contract

Samples: Agency Agreement (Swedish Export Credit Corp /Swed/)

Bail-in Powers. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the The Company and the UnderwritersGuarantor acknowledge, the Company acknowledges accept and accepts agree that a BRRD Liability liabilities arising under this Agreement may be subject to the exercise of Bail-in Powers (as defined below) by the Relevant Resolution AuthorityAuthority (as defined below) and acknowledge, accept and acknowledges, accepts, and agrees agree to be bound by: by (ai) the effect of the exercise of the Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability (as defined below) of the Underwriters BRRD Parties (as defined below) to the Company or the Guarantor under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof: i. : (A) the reduction of all, or a portion, portion of the BRRD Liability or outstanding amounts due thereon; ii. ; (B) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the Company BRRD Parties or another person, person (and the issue to or conferral on the Underwriters Company of such shares, securities or obligations; iii. ); (C) the cancellation cancelation of the BRRD Liability; iv. ; (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; ; and (bii) 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.

Appears in 1 contract

Samples: Underwriting Agreement (Kraft Heinz Co)

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Bail-in Powers. Notwithstanding and to the exclusion of any other term of this Agreement, any Terms Agreement or any other agreements, arrangements, or understanding between the Company Agents and the UnderwritersCompany, the Company acknowledges and acknowledges, 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, Authority 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 of the Underwriters Agents to the Company under this Agreement or any Terms Agreement, that which (without limitation) may include and result in any of the following, or some combination thereof: i. (i) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; (ii. ) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of any of the Company Agents or another person, person (and the issue to or conferral on the Underwriters Company of such shares, securities or obligations); (iii. ) the cancellation of the BRRD Liability; (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 AgreementAgreement or any Terms Agreement relating to such BRRD Liability, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Appears in 1 contract

Samples: Agency Agreement (Swedish Export Credit Corp /Swed/)

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