Issuer Discretion. In connection with any redemption of Securities (including in any redemption described under Paragraph 5, Paragraph 6, Paragraph 7 or Paragraph 8 of the Securities), any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including any related Equity Offering or a Change of Control, and notice of any such redemption may be given prior to the completion of any conditions precedent. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuer’s discretion, the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied or waived (which, for the avoidance of doubt, may be later than 60 days from the date such notice was delivered or mailed), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or waived by the Redemption Date, or by the Redemption Date so delayed.
Issuer Discretion. In connection with any redemption of Securities (including in any redemption described under Xxxxxxxxx 0, Xxxxxxxxx 6 or Paragraph 7 of the Securities), any such redemption may, at the Issuer’s discretion, be subject to one or more conditions precedent, including any related Equity Offering or a Change of Control, and notice of any such redemption may be given prior to the completion of any conditions precedent. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuer’s discretion, the Redemption Date may be delayed until such time as any or all such conditions shall be satisfied, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the Redemption Date, or by the Redemption Date so delayed.
Issuer Discretion. Unless otherwise specified in these Conditions, upon the occurrence of any event or circumstances (howsoever described) that could constitute an event or circumstances (as the case may be) under more than one of Conditions 6(a)-(l) (inclusive) above, such event shall be treated in accordance with the terms of such Condition(s) as the Issuer may in its reasonable discretion elect and such election shall be conclusive and binding on the Agents, the Guarantor (if any) and the relevant Noteholders.
Issuer Discretion.
(a) This Condition 8.1 is applicable to the Notes only if Optional Interest Cancellation is specified as applicable in the Final Terms.
(b) Interest on the Notes is due and payable only at the sole and absolute discretion of the Issuer or (where the Issuer is PFA) the Guarantor (as applicable) and the operation of this Condition 8.
1. Accordingly, the Issuer or (where the Issuer is PFA) the Guarantor may at any time elect to cancel any interest payment (or any part thereof), including, without limitation, interest payments deferred pursuant to Condition 7 (if any), which would otherwise be due and payable on any Interest Payment Date.
(c) Notwithstanding any other provision in these Conditions or the Trust Deed, any payment which for the time being is not made on the Notes by virtue of this Condition 8.1 shall not constitute a default for any purpose (including, but without limitation, Condition 18 or Condition 19 to the extent applicable) on the part of the Issuer.
(d) If the Issuer or (where the Issuer is PFA) the Guarantor does not make an interest payment (or any part thereof) on the relevant Interest Payment Date and the Issuer or (where the Issuer is PFA) the Guarantor does not otherwise notify the Holders, such non-payment shall be sufficient evidence that the non-payment and cancellation of such interest payment (or relevant part thereof) was by reason of the exercise of the Issuer’s discretion pursuant to this Condition 8.1 and accordingly such interest payment shall not:
(i) become due at any time thereafter;
(ii) accumulate or be payable at any time thereafter; or
(iii) constitute Arrears of Interest, and Holders shall have no rights in respect thereof (whether in a winding-up of the Issuer or (where the Issuer is PFA) the Guarantor or otherwise).
(e) The Issuer or (where the Issuer is PFA) the Guarantor shall provide notice of any cancellation of any interest payment pursuant to this Condition 8.1 to Holders in accordance with Condition 23 not less than two Business Days prior to the relevant Interest Payment Date.
Issuer Discretion. For the avoidance of doubt and notwithstanding any other provision of this agreement, the applicable Issuer may refuse to accept any instruction by the client to deduct an Ongoing Adviser Service Fee or a One-off Adviser Service Fee from a Financial Product.
