Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the Representatives, 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 any 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 an Underwriter or another person, and the issue to or conferral on the 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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. (c) For the purposes of this Section 20:
Appears in 5 contracts
Samples: Underwriting Agreement (Bristol Myers Squibb Co), Underwriting Agreement (Bristol Myers Squibb Co), Underwriting Agreement (Bristol Myers Squibb Co)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term terms of this Agreement or any other agreements, arrangements, or understanding between understandings among the Company and the Representativesparties hereto, 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 any of the Underwriters each Underwriter 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 an the relevant Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
; (iii) the cancellation of the BRRD Liability;
; 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;
(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.
(c) . For the purposes of this Section 20:Paragraph 4,
Appears in 5 contracts
Samples: Underwriting Agreement (At&t Inc.), Underwriting Agreement (At&t Inc.), Underwriting Agreement (At&t Inc.)
Contractual Recognition of Bail-In. Notwithstanding Notwithstanding, and to the exclusion of of, any other term of this Agreement or any other agreements, arrangements, or understanding between understandings among the parties hereto, the Company and the Representatives, 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 each Underwriter 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 of the Underwriters each Covered Underwriter 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 an the relevant Covered Underwriter or another person, person (and the issue to or conferral on the Company of such shares, securities or obligations;
); (iii) the cancellation of the BRRD Liability;
; 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 AgreementAgreement as they relate to any BRRD Liability of a Covered Underwriter, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 20:14,
Appears in 5 contracts
Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties hereto, the Company each party 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 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an Underwriter or another person, and the issue to or conferral on the Company other parties 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.
(c) For the purposes of . As used in this Section 2026:
Appears in 3 contracts
Samples: Underwriting Agreement (Johnson Controls International PLC), Underwriting Agreement (Johnson Controls International PLC), Underwriting Agreement (Johnson Controls International PLC)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company Representatives and the RepresentativesCompany, the Company acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in 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 any 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an Underwriter or another person, and the issue to or conferral on each of the 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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in In Powers by the Relevant Resolution Authority.
(c) For the purposes of As used in this Section 2016:
Appears in 3 contracts
Samples: Underwriting Agreement (Mastercard Inc), Underwriting Agreement (Mastercard Inc), Underwriting Agreement (Mastercard Inc)
Contractual Recognition of Bail-In. (a) Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and parties thereto, each of the Representatives, the Company parties to this Agreement acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in In Powers by the Relevant Resolution Authority, and acknowledges, accepts, and agrees to be bound by:
(a) by the effect of the exercise of Bail-in In Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;; or
(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 In Powers by the Relevant Resolution Authority.
(cb) For the purposes of As used in this Section 20:
Appears in 3 contracts
Samples: Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp)
Contractual Recognition of Bail-In. Notwithstanding Notwithstanding, and to the exclusion of of, any other term of this Agreement or any other agreements, arrangements, or understanding between understandings among the parties hereto, the Company and the Representatives, 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 each Underwriter 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 of the Underwriters each Covered Underwriter 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 an the relevant Covered Underwriter or another person, person (and the issue to or conferral on the Company of such shares, securities or obligations;
); (iii) the cancellation of the BRRD Liability;
; 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;
(b) the variation of the terms of this AgreementAgreement as they relate to any BRRD Liability of a Covered Underwriter, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 20:16,
Appears in 3 contracts
Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company any Underwriter and the RepresentativesCompany, 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 any of the Underwriters an Underwriter 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 an such Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; and
(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 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.
(c) . For the purposes of this Section 20:,
Appears in 3 contracts
Samples: Underwriting Agreement (Fiserv Inc), Underwriting Agreement (Fiserv Inc), Underwriting Agreement (Fiserv Inc)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties thereto, the Company each Transaction Party acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in 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 any of the Underwriters Underwriter to the Company Transaction Parties 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an the Underwriter or another person, and the issue to or conferral on the Company any Transaction Party of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; 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 In Powers by the Relevant Resolution Authority.
(c) For the purposes of . As used in this Section 2023:
Appears in 3 contracts
Samples: Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.), Underwriting Agreement (Prologis, L.P.)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term terms of this Agreement or any other agreements, arrangements, or understanding between understandings among the Company and the Representativesparties hereto, 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 any of the Underwriters each Underwriter 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 an the relevant Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
; (iii) the cancellation of the BRRD Liability;
; 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;
(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.
(c) . For the purposes of this Section 20:4,
Appears in 2 contracts
Samples: Underwriting Agreement (At&t Inc.), Underwriting Agreement (At&t Inc.)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the RepresentativesApplicable Underwriter, 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, 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 of the Underwriters Applicable Underwriter 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 an the Applicable Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
; (iii) the cancellation of the BRRD Liability;
; and (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.
(c) For the purposes of . The terms which follow, when used in this Section 2016, shall have the meanings indicated:
Appears in 2 contracts
Samples: Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between understandings among the Company and the Representativesparties hereto, 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, 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 of the Underwriters each Covered Underwriter (as defined below) 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 an the relevant Covered Underwriter or another person, person (and the issue to or conferral on the 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;; or
(b) the variation of the terms of this AgreementAgreement as they relate to any BRRD Liability of a Covered Underwriter, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes purpose of this Section 20[21], the terms which follow shall have the meanings indicated:
Appears in 2 contracts
Samples: Underwriting Agreement (Takeda Pharmaceutical Co LTD), Underwriting Agreement (Takeda Pharmaceutical Co LTD)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company Representatives and the RepresentativesCompany, the Company acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in 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 any 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an Underwriter or another person, and the issue to or conferral on each of the Company Issuer and the Guarantors 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 In Powers by the Relevant Resolution Authority.
(c) For the purposes of As used in this Section 2015:
Appears in 2 contracts
Samples: Underwriting Agreement (Mastercard Inc), Underwriting Agreement (Mastercard Inc)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company any Underwriter and the RepresentativesCompany, 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 any of the Underwriters an Underwriter 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 an such Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; and
(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.
(c) For the purposes of this Section 20:
Appears in 2 contracts
Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties hereto, 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 any 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 an Underwriter the Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; and
(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.
(c) For the purposes of As used in this Section 20:section 14,
Appears in 2 contracts
Samples: Underwriting Agreement (Coca Cola Co), Underwriting Agreement (Coca Cola Co)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties hereto, 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 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 to the Company under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the The reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(ii) the The conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of an Underwriter the Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the The cancellation of the BRRD Liability;; and
(iv) the 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 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.
(c) For the purposes of As used in this Section 20:14,
Appears in 2 contracts
Samples: Underwriting Agreement (Coca Cola Co), Underwriting Agreement (Coca Cola Co)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this the Agreement or any other agreements, arrangements, or understanding between understandings among the Company and the Representativesparties hereto, 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 any of the Underwriters each Covered Underwriter 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 an the relevant Covered Underwriter or another person, person (and the issue to or conferral on the Company of such shares, securities or obligations;
); (iii) the cancellation of the BRRD Liability;
; 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 AgreementAgreement as they relate to any BRRD Liability of a Covered Underwriter, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 20:22,
Appears in 2 contracts
Samples: Underwriting Agreement (Best Buy Co Inc), Underwriting Agreement (Best Buy Co Inc)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties hereto, 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 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 to the Company under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the The reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(ii) the The conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of an Underwriter the Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the The cancellation of the BRRD Liability;; and
(iv) the 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 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.
(c) For the purposes of As used in this Section 20:15,
Appears in 2 contracts
Samples: Underwriting Agreement (Coca Cola Co), Underwriting Agreement (Coca Cola Co)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company Issuers and the RepresentativesAgents, the Company acknowledges Issuers acknowledge and accepts accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and each acknowledges, accepts, and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the any Relevant Resolution Authority in relation to any BRRD Liability of any of the Underwriters Agents to the Company relevant 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 any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of the any BRRD Liability into shares, other securities or other obligations of an Underwriter the relevant Agent or another person, person (and the issue to or conferral on the Company relevant Issuer of such shares, securities or obligations);
(iii) the cancellation of the any 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 any Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the any Relevant Resolution Authority.
(c) For the purposes of . In this Section 20Clause 29:
Appears in 1 contract
Samples: Agency Agreement
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company Issuers and the RepresentativesAgents, the Company acknowledges Issuers acknowledge and accepts accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and each acknowledges, accepts, and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the any Relevant Resolution Authority in relation to any BRRD Liability of any of the Underwriters Agents to the Company relevant 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 any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of the any BRRD Liability into shares, other securities or other obligations of an Underwriter the relevant Agent or another person, person (and the issue to or conferral on the Company relevant Issuer of such shares, securities or obligations);
(iii) the cancellation of the any 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 any Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the any Relevant Resolution Authority.
(c) For the purposes of . In this Section 20Clause 30:
Appears in 1 contract
Samples: Agency Agreement
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between among the Company and the Representativesparties, the Company acknowledges and accepts that each counterparty to a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and Party acknowledges, accepts, accepts and agrees to be bound by:
(a) the 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 BRRD Party to the Company it under this Agreement, 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, portion of the BRRD Liability into shares, other securities or other obligations of an Underwriter the BRRD Party or another person, person (and the issue to or conferral on the Company it of such shares, securities or obligations);
(iii) the cancellation of the BRRD Liability;; 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 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.
(c) For the purposes of this Section 20:
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding Notwithstanding, and to the exclusion of of, any other term of this Agreement or any other agreements, arrangements, or understanding between understandings among the parties hereto, the Company and the Representatives, 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 each Underwriter 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 of the Underwriters each Covered Underwriter 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 an the relevant Covered Underwriter or another person, person (and the issue to or conferral on the Company of such shares, securities or obligations;
); (iii) the cancellation of the BRRD Liability;
; 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;
(b) the variation of the terms of this AgreementAgreement as they relate to any BRRD Liability of a Covered Underwriter, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 20:14,
Appears in 1 contract
Samples: Underwriting Agreement (Metlife Inc)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company parties thereto, and each of the Representatives, the Company parties to this Agreement 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 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 an Underwriter the Underwriters or another person, and the issue to or conferral on the 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
(bv) 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.
(cb) For the purposes of As used in this Section 20:section 21,
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the RepresentativesUnderwriter, 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 any of the Underwriters Underwriter to the Company 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 an the Underwriter or another person, and the issue to or conferral on the 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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 2016:
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and parties hereto, each of the Representatives, the Company parties to this Agreement 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:
(ai) 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 to the Company under this Agreement, 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 an Underwriter the Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iiiC) the cancellation of the BRRD Liability;; and
(ivD) 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.
(c) For the purposes of . As used in this Section 20:17(f),
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the RepresentativesUnderwriters, the Company each of such other parties 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) 12.1. 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 MSIP to the Company other parties hereto under this Agreementagreement, 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 an Underwriter MSIP or another person, and the issue to or conferral on the Company such other parties hereto of such shares, securities or obligations;
(iiic) the cancellation of the BRRD Liability;
(ivd) 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) 12.2. 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.
(c) . For the purposes of this Section 2012:
Appears in 1 contract
Samples: Underwriting Agreement (ECMOHO LTD)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Underwriting Agreement or any other agreements, arrangements, or understanding between the Company any BRRD Party and the RepresentativesCompany, 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:
(a1) 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 BRRD Party to the Company under this Underwriting 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 an Underwriter the relevant BRRD Party or another person, person (and the issue to or conferral on the 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
(b2) the variation of the terms of this Underwriting Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 20Underwriting Agreement:
Appears in 1 contract
Samples: Underwriting Agreement (Kellogg Co)
Contractual Recognition of Bail-In. (a) Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between among the Company and the RepresentativesUnderwriters, the Company acknowledges Underwriters acknowledge and accepts accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledgesacknowledge, acceptsaccept, and agrees agree 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 to the Company any other Underwriter under this Agreement, 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 an Underwriter the relevant Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligationsobligations on the creditor or counterparty of such Underwriter;
(iiiC) the cancellation of the BRRD Liability;
(ivD) 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.
(c) For the purposes of this Section 20:
Appears in 1 contract
Contractual Recognition of Bail-In. (a) Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between among the Company and the RepresentativesUnderwriters, the Company acknowledges Underwriters acknowledge and accepts accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledgesacknowledge, acceptsaccept, and agrees agree 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 any of the Underwriters to the Company any other Underwriter under this Agreement, 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 an Underwriter the relevant Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligationsobligations on the creditor or counterparty of such Underwriter;
(iiiC) the cancellation of the BRRD Liability;
(ivD) 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;
(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.
(c) For the purposes of this Section 20:
Appears in 1 contract
Samples: Underwriting Agreement (MYT Netherlands Parent B.V.)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties hereto, the Company each party 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 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an Underwriter or another person, and the issue to or conferral on the Company other parties 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.
(c) For the purposes of . As used in this Section 2025:
Appears in 1 contract
Samples: Underwriting Agreement (Johnson Controls International PLC)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company Lending Agent and the RepresentativesClient, the Company Client acknowledges and accepts that a BRRD Liability arising under this the 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 of the Underwriters Lending Agent to the Company Client under this the 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 an Underwriter the Lending Agent or another person, and the issue to or conferral on the Company Client of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; and
(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, the Agreement as deemed necessary by the Relevant Resolution Authority, ,to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section clause 20, the following terms shall have the meanings set forth below:
Appears in 1 contract
Samples: Lending Lite Securities Lending Authorisation Agreement
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company any Underwriter and the RepresentativesCompany, 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 any of the Underwriters an Underwriter 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 an such Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; and
(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.
(c) . For the purposes of this Section 20:18,
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the Representativesparties thereto, the Company each Transaction Party acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in 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 any of the Underwriters Underwriter to the Company Transaction Parties 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an the Underwriter or another person, and the issue to or conferral on the Company any Transaction Party of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; 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 In Powers by the Relevant Resolution Authority.
(c) For the purposes of . As used in this Section 2021:
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the Representatives, 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 any of the Underwriters Representatives 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 an Underwriter the Representatives or another person, and the issue to or conferral on the 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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 2018:
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and parties thereto, each of the Representatives, the Company parties to this Agreement acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in 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 any 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 portionportion of, of the BRRD Liability into shares, other securities or other obligations of an Underwriter the Underwriters or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; 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 In Powers by the Relevant Resolution Authority.
(c) For the purposes of . As used in this Section 2022:
Appears in 1 contract
Samples: Underwriting Agreement (Thermo Fisher Scientific Inc.)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company Companies and the RepresentativesUnderwriters, the each 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 of the Underwriters an Underwriter to the Company Companies 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 an such Underwriter or another person, and the issue to or conferral on the Company Companies of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;; 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.
(c) For the purposes of . The terms which follow, when used in this Section 20:21, shall have the meanings indicated.
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Company and the Representatives, 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 any of the Underwriters Representatives to the Company 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 an Underwriter the Representatives or another person, and the issue to or conferral on the 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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes of this Section 2018:
Appears in 1 contract
Samples: Underwriting Agreement (X Financial)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company any Underwriter and the RepresentativesCompany, 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, 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 of the Underwriters an Underwriter 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 an such Underwriter or another person, person (and the issue to or conferral on the Company of such shares, securities or obligations);
(iii) the cancellation of the BRRD Liability;; and
(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.
(c) For . The Company acknowledges and accepts that this provision is exhaustive on the purposes matters described herein to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any Underwriter and the Company, relating to the subject matter of this Agreement. The terms which follow, when used in this Section 20:14, shall have the meanings indicated.
Appears in 1 contract
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between understandings among the Company and the Representativesparties hereto, 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, 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 of the Underwriters each Covered Underwriter (as defined below) 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 an the relevant Covered Underwriter or another person, person (and the issue to or conferral on the 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;; or
(b) the variation of the terms of this AgreementAgreement as they relate to any BRRD Liability of a Covered Underwriter, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority.
(c) . For the purposes purpose of this Section 2019, the terms which follow shall have the meanings indicated:
Appears in 1 contract
Samples: Purchase Agreement (Orix Corp)
Contractual Recognition of Bail-In. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, arrangements or understanding between the Company and the RepresentativesApplicable Underwriter, 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, 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 of the Underwriters Applicable Underwriter 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 an the Applicable Underwriter or another person, and the issue to or conferral on the Company of such shares, securities or obligations;
; (iii) the cancellation of the BRRD Liability;
; and (iv) the 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.
(c) For the purposes of . The terms which follow, when used in this Section 2016, shall have the meanings indicated:
Appears in 1 contract
Samples: Underwriting Agreement (Occidental Petroleum Corp /De/)