EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (A) the application of any EEA Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and (B) the effects of any EEA Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the EEA Write-Down and Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Loan Agreement (Strategic Storage Trust II, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust II, Inc.)
EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such partiesunderstanding, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(Ai) the application of any EEA Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
(Bii) the effects of any EEA Bail-In Action on any such liability, including, if applicable:
(iA) a reduction in full or in part or cancellation of any such liability;
(iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iiiC) the variation of the terms of such liability in connection with the exercise of the EEA Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)
EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document may be subject to the write-write down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(Ai) the application of any EEA Write-Write Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
(Bii) the effects of any EEA Bail-Bail In Action on any such liability, including, if applicable:
(iA) a reduction in full or in part or cancellation of any such liability;
(iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iiiC) the variation of the terms of such liability in connection with the exercise of the EEA Write-Write Down and Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP)
EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such partiesunderstanding, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(Ai) the application of any EEA Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
(Bii) the effects of any EEA Bail-In in Action on any such liability, including, if applicable:
(iA) a reduction in full or in part or cancellation of any such liability;
(iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iiiC) the variation of the terms of such liability in connection with the exercise of the EEA Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Loan Agreement (Toys R Us Inc), Mezzanine Loan Agreement (Toys R Us Inc)
EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such partiesthe parties to the Loan Documents, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(Ai) the application of any EEA Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
(Bii) the effects of any EEA Bail-In in Action on any such liability, including, if applicable:
(iA) a reduction in full or in part or cancellation of any such liability;
(iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iiiC) the variation of the terms of such liability in connection with the exercise of the EEA Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Loan Agreement (Parkway, Inc.)
EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such partiesthe parties to the Loan Documents, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
: (Ai) the application of any EEA Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
and (Bii) the effects of any EEA Bail-In in Action on any such liability, including, if applicable:
: (iA) a reduction in full or in part or cancellation of any such liability;
; (iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
or (iiiC) the variation of the terms of such liability in connection with the exercise of the EEA Writewrite-Down down and Conversion Powers conversion powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Loan Agreement (Parkway, Inc.)
EU Bail-in Rule. Notwithstanding anything to the contrary in any of the Loan Documents or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(Ai) the application of any EEA Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
(Bii) the effects of any EEA Bail-In Action on any such liability, including, if applicable:
(iA) a reduction in full or in part or cancellation of any such liability;
(iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iiiC) the variation of the terms of such liability in connection with the exercise of the EEA Write-Down and Conversion Powers of any EEA Resolution Authority.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Appears in 1 contract