Common use of Contractual Recognition of Bail-In Powers Clause in Contracts

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubt, the Issuer) 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 relevant BRRD Party to another party 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 relevant BRRD Party or another person, and the issue to or conferral on it of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/or (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.

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement Indenture or any other agreements, arrangements, or understanding between any the parties, each counterparty to a BRRD Party and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubt, the Issuer) 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 Indenture 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 the relevant any BRRD Party to another party it under this AgreementIndenture, that (without limitation) may include and result in any of the following, or some combination thereof: (iA) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; (iiB) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party or another person, person (and the issue to or conferral on it of such shares, securities or obligations); (iiiC) the cancellation of the BRRD Liability; and/or; (ivD) the amendment or alteration of the amounts due in relation to the BRRD Liability, including 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 AgreementIndenture, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party the Company and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubtUnderwriters, the Issuer) 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 any Underwriter to the relevant BRRD Party to another party 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 relevant BRRD Party any Underwriter or another person, and the issue to to, or conferral on it on, the Company of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/oror (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.. For the purposes of this Section 17, the following terms shall have the respective meanings set out below:

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party and any other party hereto, each party, other than such counterparty to any BRRD Party, Party under this Agreement (including, for the avoidance of doubt, the Issuer) 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 relevant any BRRD Party to another party the Issuer or the Issuing and Paying Agent 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 relevant BRRD Party or another person, and the issue to or conferral on it of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/or (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.

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party and any other party hereto, each party, other than such counterparty to a BRRD Party, Party under this Agreement (including, for the avoidance of doubt, the Issuer) 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 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 relevant any BRRD Party to another party it 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 relevant BRRD Party or another person, ; and the issue to or conferral on it of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/or (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 or deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement Indenture or any other agreements, arrangements, or understanding between any the parties, each counterparty to a BRRD Party and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubt, the Issuer) 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 Indenture acknowledges, accepts accepts, and agrees to be bound by: (ai) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of the relevant any BRRD Party to another party it under this AgreementIndenture, that (without limitation) may include and result in any of the following, or some combination thereof: (i1) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; (ii2) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party or another person, person (and the issue to or conferral on it of such shares, securities or obligations); (iii3) the cancellation of the BRRD Liability; and/or; (iv4) the amendment or alteration of the amounts due in relation to the BRRD Liability, including 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 AgreementIndenture, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement Indenture or any other agreements, arrangements, or understanding between any BRRD Party The Bank of New York Mxxxxx XX/NV, Luxembourg Branch and any other party heretoeach counterparty, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubt, the Issuer) counterparty acknowledges and accepts that a BRRD Liability arising under this Agreement Indenture 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 the relevant BRRD Party The Bank of New York Mxxxxx XX/NV, Luxembourg Branch to another party each counterparty under this Agreementagreement, 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 relevant BRRD Party The Bank of New York Mxxxxx XX/NV, Luxembourg Branch or another person, and the issue to or conferral on it each counterparty of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/or; (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 AgreementIndenture, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.

Contractual Recognition of Bail-In Powers. 19.01 10.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any among the parties, each counterparty hereunder to a BRRD Party and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubt, the Issuer) 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 In Powers by the Relevant Resolution Authority in relation to any BRRD Liability of the relevant BRRD Party to another party it under this Agreement, that (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 the relevant BRRD Party or another person, person (and the issue to or conferral on it of such shares, securities or obligations); (iii) . the cancellation of the BRRD Liability; and/or (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) 10.02 the variation of the terms of this Agreement, as deemed Agreement to the extent necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in In Powers by the Relevant Resolution Authority.

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party and any other party of the parties hereto, each partyof the parties acknowledges, other than such accepts, and agrees that any BRRD Party, under this Agreement (including, for the avoidance Liability of doubt, the Issuer) acknowledges and accepts that a BRRD Liability Party hereto arising under this Agreement may be subject to the exercise of Bail-in Statutory Loss Absorption Powers by the Relevant Resolution Authority, Authority and acknowledges, accepts accepts, consents to and agrees to be bound by: (a) the effect of the exercise of Bail-in any Statutory Loss Absorption Powers by the Relevant Resolution Authority in relation to any BRRD Liability of the relevant BRRD Party to another party under this AgreementAuthority, that which exercise (without limitation) may include and result in any of the following, or some a 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 relevant BRRD Party or another person, person (and the issue to or conferral on it of such shares, securities or obligations); (iii) the cancellation of the BRRD Liability; and/oror (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 any Statutory Loss Absorption Powers by the Relevant Resolution Authority.. For the purposes of this clause 33:

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party and any other party heretothe Issuer, each party, other than such BRRD Party, under this Agreement (including, for of the avoidance of doubt, Issuer and the Issuer) Issuing and Paying Agent 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 relevant any BRRD Party to another party the Issuer or the Issuing and Paying Agent 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 relevant BRRD Party or another person, and the issue to or conferral on it of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/or (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.

Contractual Recognition of Bail-In Powers. 19.01 in the EU and the UK Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party and any other party heretothe parties, each party, other than such BRRD Party, counterparty to a Resolution Party under this Agreement (including, including for the avoidance of doubt, the IssuerQuébec) acknowledges and accepts that a BRRD Resolution Liability arising under this 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 Resolution Liability of the relevant BRRD Relevant Resolution Party to another party it under this Agreementagreement, 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 Resolution Liability or outstanding amounts due thereon; (ii) the conversion of all, or a portion, of the BRRD Resolution Liability into shares, other securities or other obligations of the relevant BRRD Relevant Resolution Party or another person, and the issue to or conferral on it of such shares, securities or obligations; (iii) the cancellation of the BRRD Resolution Liability; and/or (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.. The terms which follow, when used in this Section 18, shall have the meanings indicated:

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any BRRD Party the Issuer and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubtUnderwriters, the Issuer) Issuer 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 Underwriter to the relevant BRRD Party to another party Issuer 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 relevant BRRD Party any Underwriter or another person, and the issue to to, or conferral on it on, the Issuer of such shares, securities or obligations; (iii) the cancellation of the BRRD Liability; and/oror (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.. For the purposes of this Section 17, the following terms shall have the respective meanings set out below:

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement or in any other agreements, arrangements, arrangements or understanding understandings between any BRRD Party the Issuer and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubtCalculation Agent, the Issuer) Issuer and the Calculation Agent each 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 accepts, consents, 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 relevant a BRRD Party (a Relevant BRRD Party) to another any other party under this Agreement, that (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 the relevant Relevant BRRD Party or another person, and the issue to or conferral on it Relevant BRRD Party of such shares, securities or obligations; (iii) . the cancellation of the BRRD Liability; and/or; (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.. For the purposes of this Clause 9 only:

Contractual Recognition of Bail-In Powers. 19.01 Notwithstanding and to the exclusion of any other term of this Agreement Indenture or any other agreements, arrangements, or understanding between any the parties to this Indenture, each counterparty to a BRRD Party and any other party hereto, each party, other than such BRRD Party, under this Agreement (including, for the avoidance of doubt, the Issuer) Indenture acknowledges and accepts that a BRRD Liability arising under this Agreement Indenture 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 the relevant any BRRD Party to another party it under this AgreementIndenture, that (without limitation) may include and result in any of the following, or some combination thereof: (i1) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon; (ii2) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party or another person, person (and the issue to or conferral on it of such shares, securities or obligations); (iii3) the cancellation of the BRRD Liability; and/or; (iv4) 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 AgreementIndenture, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.