BAIL-IN. Notwithstanding any other term of any Finance Document or any other agreement, arrangement or understanding between the parties to a Finance Document, each Party acknowledges and accepts that any liability of any party to a Finance Document under or in connection with the Finance Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (a) any Bail-In Action in relation to any such liability, including (without limitation): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and (iii) a cancellation of any such liability; and (b) a variation of any term of any Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
Appears in 26 contracts
Samples: Facility Agreement (Euroseas Ltd.), Loan Agreement (EuroDry Ltd.), Facility Agreement (Navios Maritime Partners L.P.)
BAIL-IN. Notwithstanding any other term of any Finance Debt Document or any other agreement, arrangement or understanding between the parties to a Finance DocumentParties, each Party acknowledges and accepts that any liability of any party Party to a Finance Document any other Party under or in connection with the Finance Debt Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):including:
(i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iii) a cancellation of any such liability; and
(b) a variation of any term of any Finance Secured Debt Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
Appears in 6 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Additional Facility T Accession Deed (Liberty Global PLC), Additional Facility Accession Deed (Liberty Global PLC)
BAIL-IN. Notwithstanding any other term of any Finance Document or any other agreement, arrangement or understanding between the parties to a Finance DocumentParties, each Party acknowledges and accepts that any liability of any party Party to a Finance Document any other Party under or in connection with the Finance Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
(i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(ii) a conversion of all, or part of, of any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iii) a cancellation of any such liability; and
(b) a variation of any term of any Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.. In this clause:
Appears in 5 contracts
Samples: Term Loan Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Supplemental Agreement (Navios Maritime Containers Inc.)
BAIL-IN. Notwithstanding any other term of any Finance Document or any other agreement, arrangement or understanding between the parties to a Finance DocumentParties, each Party acknowledges and accepts that any liability of any party Party to a Finance Document any other Party under or in connection with the Finance Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
(i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iii) a cancellation of any such liability; and
(b) a variation of any term of any Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
Appears in 2 contracts
Samples: Loan Agreement (Navios Maritime Partners L.P.), Term Loan Facility Agreement (Castor Maritime Inc.)
BAIL-IN. (a) Notwithstanding any other term of any Interim Finance Document or any other agreement, arrangement or understanding between the parties to a Finance DocumentParties, each Party acknowledges and accepts that any liability of any party Party to a Finance Document any other Party under or in connection with the Interim Finance Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(ai) any Bail-In Action in relation to any such liability, including (without limitation):including:
(iA) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(iiB) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iiiC) a cancellation of any such liability; and
(bii) a variation of any term of any Interim Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
(b) For the purposes of this Clause 31.5:
Appears in 1 contract
BAIL-IN. Notwithstanding any other term of any Finance Loan Document or any other agreement, arrangement or understanding between the parties to a Finance Documenthereto, each Party party hereto acknowledges and accepts that any liability of any party to a Finance Document any other party under or in connection with the Finance Loan Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
(i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iii) a cancellation of any such liability; and
(b) a variation of any term of any Finance Loan Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
Appears in 1 contract
Samples: Credit Agreement (Solo Brands, Inc.)
BAIL-IN. 34.1 Notwithstanding any other term terms of any Finance Document this Agreement or any other agreement, arrangement or understanding between the parties parties, each counterparty to a Finance Document, each BRRD Party acknowledges and accepts that any liability of any party a BRRD Party to a Finance Document it under or in connection with the Finance Documents this Agreement may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
(i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iii) a cancellation of any such liability; and
(b) a variation of any term terms of any Finance Document the agreement to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
34.2 For the purposes of this Clause 34:
Appears in 1 contract
Samples: Agency Agreement
BAIL-IN. 34.1 Notwithstanding any other term terms of any Finance Document this Agreement or any other agreement, arrangement or understanding between the parties parties, each counterparty to a Finance Document, each BRRD Party acknowledges and accepts that any liability of any party a BRRD Party to a Finance Document it under or in connection with the Finance Documents this Agreement may be subject to Bail-Bail- In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
(i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interestprofit) in respect of any such liability;
(ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iii) a cancellation of any such liability; and
(b) a variation of any term terms of any Finance Document the agreement to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
34.2 For the purposes of this Clause 34:
Appears in 1 contract
Samples: Agency Agreement
BAIL-IN. 31.1 Notwithstanding any other term terms of any Finance Document the agreement or any other agreement, arrangement or understanding between the parties parties, each counterparty to a Finance Document, each BRRD Party acknowledges and accepts that any liability of any party a BRRD Party to a Finance Document it under or in connection with the Finance Documents agreement may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
(ia) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(iib) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(iiic) a cancellation of any such liability; and
(b) a variation of any term terms of any Finance Document the agreement to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
31.2 For the purposes of this Clause 31:
Appears in 1 contract
Samples: Agency Agreement
BAIL-IN. Notwithstanding any other term of any Finance Document or any other agreement, arrangement or understanding between the parties to a Finance Document, each Party acknowledges and accepts that any liability of any party to a Finance Document under or in connection with the Finance Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(a) any Bail-In Action in relation to any such liability, including (without limitation):
): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
and (iii) a cancellation of any such liability; and
(b) a variation of any term of any Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
Appears in 1 contract