Deemed Agreement to Principal Write-down Sample Clauses

Deemed Agreement to Principal Write-down. By its acquisition of the $NC10 Notes, each Holder shall be deemed irrevocably to have agreed, subject to Section 3.08(a), that: (i) subject to Section 3.08(a), interest is not due and payable on any portions of the aggregate nominal amount of the $NC10 Notes written down pursuant to Section 6.10 (to the extent not subsequently written up pursuant to Section 6.11), (ii) a write down of the nominal amount of the $NC10 Notes (in whole or in part) in accordance with the terms hereof and of the Capital Securities Indenture shall not constitute a default in payment or otherwise constitute a default under, or a breach of, the terms of the $NC10 Notes or the Capital Securities Indenture; and subject to Section 3.08(a), interest or principal on the $NC10 Notes shall only be or become due and payable on an Interest Payment Date or other relevant date to the extent the nominal amount of the $NC10 Notes at the time of such payment has not been written down in accordance with Section 6.10 (in whole or in part, and to the extent not subsequently written up pursuant to Section 6.11). Any interest, principal or other amounts unpaid as a result of a write-down (in whole or in part) in accordance with Section 6.10 shall not be due and shall not accumulate or be payable at any time thereafter, and pursuant to the terms of the $NC10 Notes, Holders shall have no rights thereto or in connection therewith or any claim therefor and shall not be entitled to any additional interest or compensation as a result of or in connection with such write-down. For the avoidance of doubt, any write-down (in whole or in part) pursuant to Section 6.10 shall not constitute a Non-Payment Event under the terms of the $NC10 Notes or the Capital Securities Indenture.
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Deemed Agreement to Principal Write-down. By its acquisition of this $NC10 Note, each Holder shall be deemed irrevocably to have agreed and, subject to § 3 (8)(a), does agree, that:
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Related to Deemed Agreement to Principal Write-down

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  • Designation of the Trust, the Notes, the Funding Agreement and the Guarantee The Trust created by the Trust Agreement and referred to in the Indenture is the Principal Life Income Fundings Trust specified in the Omnibus Instrument. The Notes issued by the Trust and governed by the Indenture shall be the Notes specified in the Pricing Supplement. The Funding Agreement designated hereby is the Funding Agreement designated in the Pricing Supplement dated as of the Original Issue Date between the Trust and Principal Life. The Guarantee designated hereby is the Guarantee dated as of the Original Issue Date of PFG.

  • Authorization of the Underwriting Agreement This Agreement has been duly authorized, executed and delivered by the Company.

  • Initial Advance to Each Designated Subsidiary The obligation of each Lender to make an initial Advance to each Designated Subsidiary is subject to the receipt by the Agent on or before the date of such initial Advance of each of the following, in form and substance reasonably satisfactory to the Agent and dated such date:

  • Agreement to Provide Shareholder Information 1. Each Intermediary agrees to provide the Fund, upon written request, the following shareholder information with respect to Covered Transactions involving the Funds:

  • Controlling Agreement To the extent the terms of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) directly conflicts with a provision in the Merger Agreement, the terms of this Agreement shall control.

  • Servicing Agreement General Summary The Sellers and the Purchasers intend this Agreement to amend and restate that certain “Servicing Agreement,” dated March 23, 2021, for purposes of the Purchase Agreement and wish to set forth herein the terms upon which each Purchaser will, to the fullest extent permitted by applicable Law and the applicable Corporate Trust Contract, and subject to the applicable provisions of this Agreement, assume the responsibility (as agent of the applicable Seller) to supervise, manage, administer and otherwise discharge the duties of the applicable Seller in a Corporate Trust Capacity under (a) any Restricted Appointment and (b) any Excluded Appointment (collectively, the “Serviced Appointments”), and the Purchasers will discharge and perform when due, and indemnify the Sellers for, the Assumed Servicing Liabilities.

  • Notice to Parties to the Lead Securitization PSA Each Non-Lead Note Holder shall provide the Depositor, the Trustee, the Servicer, and the Special Servicer under the Lead Securitization PSA (as of the related Securitization Date) (provided such party is not also a party to the Lead Securitization PSA) notice of the related Securitization in writing (which may be by email) prior to or promptly following such Securitization Date. Such notice shall contain contact information for each of the parties to the related PSA and the identity of the Controlling Class Representative under such PSA. In addition, after the Securitization Date for any other Notes, the related Note Holder shall send a copy of the related PSA to the Depositor, the Servicer, and the Special Servicer under the Lead Securitization PSA (as of the related Securitization Date) (provided such party is not also a party to the Lead Securitization PSA).

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