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

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Document or any other agreement, arrangement or understanding between the parties, each party acknowledges and accepts that any liability of any party to any other party under or in connection with the Transaction 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. (b) a variation of any term of any Transaction Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction 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: (aA) 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 (bB) a variation of any term of any Transaction Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Document or any other agreement, arrangement or understanding between the parties, each party acknowledges and accepts that any liability of any party to any other party under or in connection with the Transaction 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 Transaction Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Debt Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction Debt Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (a) any Bail-In Action in relation to any such liability, including (without limitation): (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 Transaction Debt Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction 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 Transaction Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.". In this Clause 48:

Contractual Recognition of Bail-In. 36.1 Notwithstanding any other term terms of any Transaction Document this Agreement or any other agreement, arrangement or understanding between the parties, each party the Issuer acknowledges and accepts that any liability of any party a BRRD Party to any other party it under or in connection with the Transaction Documents this Agreement may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (a) any Bail-In Action in relation to any such liability, including (without limitation): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and (iii) a cancellation of any such liability.; and (b) a variation of any term terms of any Transaction 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 36:

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction 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 Transaction Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability." (c) In this Clause 42:

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Document this letter or any other agreement, arrangement arrangement, or understanding between us and the partiesCompany, each party hereto acknowledges and accepts that any liability of any party to any other party under or in connection with the Transaction Documents this letter may be subject to Bail-In in Action by the relevant Resolution Authority Authority, and acknowledges acknowledges, accepts, 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 (iii) a cancellation of any such liability.; and (b) a variation of any term of any Transaction Document this letter to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Document Contract or any other agreement, arrangement or understanding between the parties, each party acknowledges and accepts that any liability of any party to any other party under or in connection with the Transaction Documents this Agreement or any other Contract may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (a) any Bail-In Action in relation to any such liability, including (without limitation):including: (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and (iii) a cancellation of any such liability.; and (b) a variation of any term of this Agreement or any Transaction Document other Contract to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. 36.1 Notwithstanding any other term terms of any Transaction Document this Agreement or any other agreement, arrangement or understanding between the parties, each party the Issuer acknowledges and accepts that any liability of any party a BRRD Party to any other party it under or in connection with the Transaction Documents this Agreement may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (a) any Bail-In Action in relation to any such liability, including (without limitation): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and (iii) a cancellation of any such liability.; and (b) a variation of any term terms of any Transaction Document this Agreement to the extent necessary to give effect to any Bail-Bail- In Action in relation to any such liability.". For the purposes of this clause 36:

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction Documents this Deed may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: : (a) any Bail-In Action in relation to any such liability, including (without limitation): ): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and and (iii) a cancellation of any such liability. ; and (b) a variation of any term of any Transaction Document this Deed to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction 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 Transaction Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.". For the purposes of this clause:

Contractual Recognition of Bail-In. Notwithstanding (a) It is agreed that, notwithstanding any other term of any Transaction Document this Agreement or any other agreement, arrangement or understanding between the parties, each party acknowledges and accepts that any liability of any a party to any other party under or in connection with the Transaction Documents this Agreement may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (ai) any Bail-In Action in relation to any such liability, including (without limitation): (i1) 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; (ii2) 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 (iii3) a cancellation of any such liability.; and (bii) a variation of any term of any Transaction Document this Agreement to the extent necessary to give effect to any Bail-In Action in relation to any such liability." (b) In this Section 10.16:

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction 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 Transaction Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.". In this Clause 44:

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Document Loan Documents or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party under or in connection with the Transaction Loan Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: (a) any Bail-In Action in relation to any such liability, including (without limitation): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and (iii) a cancellation of any such liability.; and (b) a variation of any term of any Transaction Loan Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability."

Contractual Recognition of Bail-In. Notwithstanding any other term of any Transaction Finance Document or any other agreement, arrangement or understanding between the partiesParties, each party Party acknowledges and accepts that any liability of any party Party to any other party Party under or in connection with the Transaction Finance Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of: : (a) any Bail-In Action in relation to any such liability, including (without limitation): ): (i) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ; (ii) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and and (iii) a cancellation of any such liability. ; and (b) a variation of any term of any Transaction Finance Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability." (g) A new Section 14 of the Facility Agreement shall be added as follows: