Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will mandatorily exchange the Notes in full for a like principal amount of New Notes on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (i) redeeming the Notes by delivering New Notes in lieu of cash to the Trustee on behalf of the Holders and (ii) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New Notes. Receipt by the Trustee of the relevant amount of New Notes and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the Notes. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange the Notes pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes and (ii) payment in cash of any accrued and unpaid interest on the Notes as of the date immediately prior to the date of such exchange, (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings).
Appears in 8 contracts
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the such Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will mandatorily exchange the Notes in full for a like principal amount Principal of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (i) redeeming the Notes by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (ii) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding to (and excluding) the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Securities in exchange for the outstanding Notes and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the Notes. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to to, but excluding, the date of such exchange, (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings).
Appears in 4 contracts
Samples: Note Agreement (Credit Suisse Group Funding (Guernsey) LTD), Note Agreement (Credit Suisse Group Funding (Guernsey) LTD), Note Agreement (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes Securities have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the Notes Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will shall mandatorily exchange the Notes Securities in full for a like principal amount of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (ia) redeeming the Notes Securities by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (iib) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes Securities to, but excluding excluding, the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Notes Securities in exchange for the outstanding Securities and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the NotesSecurities. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes Securities pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to Securities to, but excluding, the date of such exchange, exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings). The Trustee makes no representation with respect to and shall have no responsibility for the validity or sufficiency of the New Securities or their appropriateness as an investment by the Holders.
Appears in 4 contracts
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes Securities have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the Notes such Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will shall mandatorily exchange the Notes Securities in full for a like principal amount of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (ia) redeeming the Notes Securities by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (iib) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding Securities up to (and including) the date immediately prior to the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Notes Securities in exchange for the outstanding Securities and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the NotesSecurities. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes Securities pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to Securities to, but excluding, the date of such exchange, exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings). The Trustee makes no representation with respect to and shall have no responsibility for the validity or sufficiency of the New Securities or their appropriateness as an investment by the Holders.
Appears in 3 contracts
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the such Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will mandatorily exchange the Notes in full for a like principal amount Principal of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (i) redeeming the Notes by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (ii) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding up to (and including) the date immediately prior to the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Securities in exchange for the outstanding Notes and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the Notes. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to to, but excluding, the date of such exchange, (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings).
Appears in 2 contracts
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the such Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will mandatorily exchange the Notes in full for a like principal amount of New Notes on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (i) redeeming the Notes by delivering New Notes in lieu of cash to the Trustee on behalf of the Holders and (ii) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New Notes. Receipt by the Trustee of the relevant amount of New Notes and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the Notes. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange the Notes pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes and (ii) payment in cash of any accrued and unpaid interest on the Notes as of the date immediately prior to the date of such exchange, (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings).
Appears in 2 contracts
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Note Agreement (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes Securities have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the Notes such Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will shall mandatorily exchange the Notes Securities in full for a like principal amount of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (ia) redeeming the Notes Securities by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (iib) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding Securities to (and excluding) the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Notes Securities in exchange for the outstanding Securities and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the NotesSecurities. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes Securities pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to Securities to, but excluding, the date of such exchange, exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings). The Trustee makes no representation with respect to and shall have no responsibility for the validity or sufficiency of the New Securities or their appropriateness as an investment by the Holders.
Appears in 1 contract
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the such Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will mandatorily exchange the Notes in full for a like principal amount Principal of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (i) redeeming the Notes by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (ii) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding to (and excluding) the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Securities in exchange for the outstanding Notes and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the Notes. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes pursuant to a Post-Restructuring Exchange. In the case of a Post-Post- Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to to, but excluding, the date of such exchange, (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings).
Appears in 1 contract
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the such Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will mandatorily exchange the Notes in full for a like principal amount Principal of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (i) redeeming the Notes by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (ii) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes to, but excluding up to (and including) the date immediately prior to the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Securities in exchange for the outstanding Notes and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the Notes. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes pursuant to a Post-Restructuring Exchange. In the case of a Post-Post- Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to to, but excluding, the date of such exchange, (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings).
Appears in 1 contract
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Exchange Following a Completion Event. Upon the occurrence of a Completion Event, if and to the extent (i) the Notes Securities have not been fully written-down and/or converted into equity of the Guarantor and (ii) the Guarantor is or would be required to deduct Swiss withholding tax on interest payments on the Notes such Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), then the Guarantor will shall mandatorily exchange the Notes Securities in full for a like principal amount of New Notes Securities on a one-for-one basis (such exchange, a “Post-Restructuring Exchange”) by (ia) redeeming the Notes Securities by delivering New Notes Securities in lieu of cash to the Trustee on behalf of the Holders and (iib) paying to the Trustee on behalf of the Holders in cash any accrued and unpaid interest on the Notes Securities to, but excluding excluding, the date of such exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings), in each case on the date specified therefor in the Completion Event Notice. Interest on the New Notes Securities will accrue from and including the date on which the Post-Restructuring Exchange takes place, as the issue date of the New NotesSecurities. Receipt by the Trustee of the relevant amount of New Notes Securities in exchange for the outstanding Securities and the required cash payment, if any, from the Guarantor will constitute good and complete discharge of the Guarantor’s obligations in respect of redemption or repayment of the NotesSecurities. Notwithstanding the foregoing, if at the time of the Completion Event, the Guarantor is not and will not be required to deduct Swiss withholding tax from interest payments on the Notes Securities under Swiss laws in effect at such time (as promptly notified to the Trustee by the Guarantor), the Guarantor may, but will not be required to, exchange exchange/redeem the Notes Securities pursuant to a Post-Restructuring Exchange. In the case of a Post-Restructuring Exchange, the Trustee will promptly deliver to the Holders (i) the New Notes Securities and (ii) payment in cash of any accrued and unpaid interest interest, if any, on the Notes as of the date immediately prior to Securities to, but excluding, the date of such exchange, exchange (but only to the extent that such interest has not been written-down and cancelled or converted into equity of the Guarantor in connection with the relevant Guarantor Restructuring Proceedings). The Trustee makes no representation with respect to and shall have no responsibility for the validity or sufficiency of the New Securities or their appropriateness as an investment by the Holders.
Appears in 1 contract
Samples: Indenture (Credit Suisse Group Funding (Guernsey) LTD)