RECOGNITION OF BAIL-IN POWERS. 9.1 Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understandings between the Calculation Agent and the Issuer [and the Guarantor]1, [each of]1 the Issuer [and the Guarantor]1 acknowledges and accepts that any BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledges, accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of the Calculation Agent to [each of]1 the Issuer [and the Guarantor]1 under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the Calculation Agent or another person and the issue to or conferral on the Issuer [and/or the Guarantor]1 in respect of such BRRD Liability of such shares, securities or obligations;
(iii) the cancellation of any BRRD Liability; and
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period; and
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
9.2 For the purposes of this clause 9:
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, or any other agreements, arrangements, or understandings between any BRRD Party and the Issuer, the Issuer acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority and acknowledges, accepts, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party to the Issuer under this Agreement that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party or another person (and the issue to or conferral on the Issuer of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; or
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period; and
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by any Relevant Resolution Authority. In this Clause 20: EU Bail-in Legislation Schedule means the document described as such, then in effect, and published by the Loan Market Association (or any successor person) from time to time at xxxxx://xxx.xxx.xx.xxx/documents-guidelines/eu-bail-legislation-schedule; and
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between the Agent and the Issuer, the Issuer acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledges, accepts, and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any Agent to the Issuer under this agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of any of the Agents or another person, and the issue to or conferral on the Issuer of such shares, securities or obligations;
(iii) the cancellation of the BRRD Liability;
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period;
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority. For the purposes of this Clause 33:
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, or any other agreements, arrangements, or understandings between the Issuer and the Agents, the Issuer and the Agents acknowledge and accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority and acknowledge, accept, consent and agree to be bound by:
(a) the effect of the exercise of Bail-in Powers by any Relevant Resolution Authority in relation to any BRRD Liability of any Agent to the Issuer, or any BRRD Liability of the Issuer to any Agent, under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the Issuer or any Agent, as applicable, or another person (and the issue to or conferral on the Issuer or any Agent, as applicable, of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; or
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period ; and
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Power by any Relevant Resolution Authority. In this clause 30: EU Bail-in Legislation Schedule means the document described as such, then in effect, and published by the Loan Market Association (or any successor person) from time to time at xxxx://xxx.xxx.xx.xxx/pages.aspx?p=499; and
RECOGNITION OF BAIL-IN POWERS. Notwithstanding any other term of this Indenture or any other agreements, arrangements, or understanding between the parties, each counterparty to a BRRD Party under this Indenture acknowledges, accepts, and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party to it under this Indenture, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party or another person (and the issue to or conferral on it of such shares, securities or obligations);
(iii) the cancellation of the BRRD Liability;
(iv) the amendment or alteration of the amounts due in relation to the BRRD Liability, including any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period; and
(b) the variation of the terms of this Indenture, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by the Relevant Resolution Authority.
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, or any other agreements, arrangements, or understandings between the Issuer and the Agents, the Issuer and the Agents acknowledge and accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority and acknowledge, accept, consent and agree to be bound by:
(a) the effect of the exercise of Bail-in Powers by any Relevant Resolution Authority in relation to any BRRD Liability of any Agent to the Issuer under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of any Agent (and the issue to or conferral on the Issuer of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; or
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period; and
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Power by any Relevant Resolution Authority. In this clause 28: EU Bail-in Legislation Schedule means the document described as such, then in effect, and published by the Loan Market Association (or any successor person) from time to time at xxxx://xxx.xxx.xx.xxx/pages.aspx?p=499; and Relevant Resolution Authority means each resolution authority with the ability to exercise any Bail-in Powers in relation to any Agent.
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term in this Agreement or any other agreements, arrangements, or understandings between or among any of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledges, accepts and agrees to be bound by:
RECOGNITION OF BAIL-IN POWERS. 17.1 Notwithstanding any other terms of this Agreement or any other agreement, arrangement or understanding between the parties hereto, each counterparty to a BRRD Party acknowledges and accepts that any liability of a BRRD Party to it under or in connection with 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:
17.1.1 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
17.1.2 a variation of any terms of the agreement to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
17.2 For the purposes of this Clause 17:
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understandings between the Issuer, the Swiss Agent, the Registrar and the Agent, each of the Issuer the Swiss Agent, the Registrar and the Agent acknowledges, accepts and agrees that a Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority, and acknowledges, accepts and agrees to be bound by:
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, or any other agreements, arrangements, or understandings between the Issuer and the Calculation Agent, the Issuer and the Calculation Agent acknowledge and accept that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority and acknowledge, accept, consent and agree to be bound by:
(a) the effect of the exercise of Bail-in Powers by any Relevant Resolution Authority in relation to any BRRD Liability of the Calculation Agent to the Issuer, or any BRRD Liability of the Issuer to the Calculation Agent, under this Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the Issuer or the Calculation Agent, as applicable, or another person (and the issue to or conferral on the Issuer or the Calculation Agent, as applicable, of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; or
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any payments are due, including by suspending payment for a temporary period; and
(b) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Power by any Relevant Resolution Authority. In this clause 10: EU Bail-in Legislation Schedule means the document described as such, then in effect, and published by the Loan Market Association (or any successor person) from time to time at xxxx://xxx.xxx.xx.xxx/pages.aspx?p=499; and
