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

Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Document or any other agreement, arrangement or understanding between the parties to this Agreement, each party acknowledges and accepts that any liability of any EEA Financial Institution arising under or in connection with the Loan Documents, to the extent such liability is unsecured, 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 Loan Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.

Appears in 5 contracts

Samples: Credit Agreement (Maxlinear Inc), Credit Agreement (Integrated Device Technology Inc), Credit Agreement (Cavium, Inc.)

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Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Document or any other agreement, arrangement or understanding between the parties to this Agreementhereto, each party to this Agreement acknowledges and accepts that any liability of any EEA Financial Institution arising party to this Agreement to any other party to this Agreement under or in connection with the Loan Documents, to the extent such liability is unsecured, 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 Loan Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.

Appears in 3 contracts

Samples: Second Amending Agreement (Fortis Inc.), Credit Agreement (Fortis Inc.), Credit Agreement (Fortis Inc.)

Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Document or any other agreement, arrangement or understanding between the parties to this Agreement, each such party acknowledges and accepts that any liability of any EEA Financial Institution arising party to this Agreement to any other party to this Agreement under or in connection with the Loan Documents, to the extent such liability is unsecured, 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 Loan Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.. As used herein:

Appears in 3 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Term Loan Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Document or any other agreement, arrangement or understanding between the parties any party to this AgreementAgreement (each a “Party”), each party Party acknowledges and accepts that any liability of any Party that is an EEA Financial Institution arising to any other Party under or in connection with the Loan Documents, to the extent such liability is unsecured, 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 to 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 Loan Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.

Appears in 2 contracts

Samples: Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc)

Contractual Recognition of Bail-In. Notwithstanding any other term of anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding between the parties to this Agreementamong any such parties, each party hereto acknowledges and accepts that any liability of any EEA Financial Institution arising such party to any other party hereto under or in connection with the Loan Documents, to the extent such liability is unsecured, Documents may be subject to Bail-In Action by the relevant Resolution Authority and agrees and consents to, and acknowledges and accepts agrees 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 (iiii) a cancellation of any such liability; and (b) a variation of any term of any 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 (Redaptive, Inc.)

Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Document this Agreement or any other agreement, arrangement arrangement, or understanding between the parties to this AgreementIssuer and the Agents, each party counterparty to a BRRD Party acknowledges and accepts that any liability arising of any EEA Financial Institution arising a BRRD Party to it under or in connection with the Loan Documents, to the extent such liability is unsecured, this Agreement may be subject to Bail-In Action by the relevant Resolution Authority 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 Loan Document the agreement to the extent necessary to give effect to any Bail-In Action in relation to any such liability.. For the purposes of this clause 28:

Appears in 1 contract

Samples: Fiscal Agency Agreement

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Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Finance Document or any other agreement, arrangement or understanding between the parties to this AgreementParties, each party Party (other than Standard Chartered Bank) acknowledges and accepts that any liability of any EEA Financial Institution arising Party to any other Party under or in connection with the Loan Documents, to the extent such liability is unsecured, 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 Loan Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.

Appears in 1 contract

Samples: Facilities Agreement (StarTek, Inc.)

Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan Document or any other agreement, arrangement or understanding between the parties to this Agreementhereto, each party hereto acknowledges 731074755 12403011 and accepts that any liability of any EEA Financial Institution arising party hereto to any other party hereto under or in connection with the Loan Documents, to the extent such liability is unsecured, 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) 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 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 (Cincinnati Financial Corp)

Contractual Recognition of Bail-In. Notwithstanding any other term of any Loan FAL LC Document or any other agreement, arrangement or understanding between the parties to this Agreementhereto, each party hereto acknowledges and accepts that any liability of any EEA Financial Institution arising party hereto to any other party hereto under or in connection with the Loan Documents, to the extent such liability is unsecured, FAL LC 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):); (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 Loan FAL LC Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.. 709155153 12403011

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Cincinnati Financial Corp)

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