Common use of Contingent Write-down Clause in Contracts

Contingent Write-down. If the Issuer has given a Write-down Notice in accordance with this Condition 6, then on the relevant Write-down Date, (i) the full principal amount of, and any accrued and unpaid interest (whether or not due and payable) on, each Note will automatically be written down to zero, the Notes will be cancelled and all references to the principal amount of the Notes in these Terms and Conditions will be construed accordingly; (ii) the Holders will be automatically deemed to have irrevocably waived their right to receive, and will no longer have any rights against the Issuer with respect to, repayment of the aggregate principal amount of, and payment of any accrued and unpaid interest on, the Notes written down pursuant to clause (i) of this Condition 6(d) (bedingter Forderungsverzicht); and (iii) all rights of any Holder for payment of any amounts under or in respect of the Notes (including, without limitation, any amounts arising as a result of, or due and payable upon the occurrence of, an Event of Default) will become null and void, irrespective of whether such amounts have become due and payable prior to the relevant Write-down Notice Date or the Write-down Date.

Appears in 1 contract

Samples: Loan Agreement

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Contingent Write-down. If the Issuer has given a Write-down Notice in accordance with this Condition 67, then on the relevant Write-down Date, (i) the full principal amount of, and any accrued and unpaid interest (whether or not due and payable) on, each Note will automatically be written down to zero, the Notes will be cancelled and all references to the principal amount of the Notes in these Terms and Conditions will be construed accordingly; (ii) the Holders will be automatically deemed to have irrevocably waived their right to receive, and will no longer have any rights against the Issuer with respect to, repayment of the aggregate principal amount of, and payment of any accrued and unpaid interest on, the Notes written down pursuant to clause subclause (i) of this Condition 6(dclause (d) (bedingter Forderungsverzicht); and (iii) all rights of any Holder for payment of any amounts under or in respect of the Notes (including, without limitation, any amounts arising as a result of, or due and payable upon the occurrence of, an Event of Default) will become null and void, irrespective of whether such amounts have become due and payable prior to the relevant Write-down Notice Date or the Write-down Date.

Appears in 1 contract

Samples: High Trigger Loss Absorbing Additional Tier 1 Capital Instrument

Contingent Write-down. If the Issuer has given a Write-down Notice in accordance with this Condition 6, then on the relevant Write-down Date, (i) the full principal amount of, and any accrued and unpaid interest (whether or not due and payable) on, of each Note will shall automatically be written down to zero, the Notes will shall be cancelled and all references to the principal amount of the Notes in these Terms and Conditions will shall be construed accordingly; (ii) the Holders will shall be automatically deemed to have irrevocably waived waive their right to receive, and will no longer have any rights against the Issuer with respect to, repayment of the aggregate principal amount of, and payment of any accrued and unpaid interest on, the Notes written down pursuant to clause (i) of this Condition 6(d) above (bedingter Forderungsverzicht); (iii) the Issuer shall pay (A) any accrued and unpaid interest on the Notes and (B) any Additional Amounts, in the case of each of subclauses (A) and (B) of this clause (iii), if and only to the extent that such interest or Additional Amount, as applicable, became due and payable to the Holders prior to the relevant Write-down Notice Date; and (iv) except as described in clause (iii) above, all rights of any Holder for payment of any amounts under or in respect of the Notes (including, without limitation, any amounts arising as a result of, or due and payable upon the occurrence of, an Event of Default) will shall become null and void, irrespective of whether such amounts have become due and payable prior to the relevant Write-down Notice Date or the Write-down Date.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Ubs Ag)

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Contingent Write-down. If the Issuer has given a Write-down Notice in accordance with this Condition 6, then on the relevant Write-down Writedown Date, (i) the full principal amount of, and any accrued and unpaid interest (whether or not due and payable) on, of each Note will shall automatically be written down to zero, the Notes will shall be cancelled and all references to the principal amount of the Notes in these Terms and Conditions will shall be construed accordingly; (ii) the Holders will shall be automatically deemed to have irrevocably waived waive their right to receive, and will no longer have any rights against the Issuer with respect to, repayment of the aggregate principal amount of, and payment of any accrued and unpaid interest on, the Notes written down pursuant to clause (i) of this Condition 6(d) above (bedingter Forderungsverzicht); (iii) the Issuer shall pay (A) any accrued and unpaid interest on the Notes and (B) any Additional Amounts, in the case of each of subclauses (A) and (B) of this clause (iii), if and only to the extent that such interest or Additional Amount, as applicable, became due and payable to the Holders prior to the relevant Write-down Notice Date; and (iv) except as described in clause (iii) above, all rights of any Holder for payment of any amounts under or in respect of the Notes (including, without limitation, any amounts arising as a result of, or due and payable upon the occurrence of, an Event of Default) will shall become null and void, irrespective of whether such amounts have become due and payable prior to the relevant Write-down Notice Date or the Write-down Date.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Ubs Ag)

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