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
Appears in 1 contract
Samples: Issue and Paying Agency Agreement
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 or among each of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts 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, consents accepts 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 it 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 20clause 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 xxxxx://xxx.xxx.xx.xxx/documents-guidelines/eu-bail-legislation-schedule; and
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 21.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings understanding between the Issuer and any BRRD Party Dealer, each of the Issuer and the Issuer, the Issuer Dealers acknowledges and accepts that a BRRD Liability arising under this Agreement and/or any agreement for the issue and purchase of Notes or Covered Bonds as referred to in clause 2 may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD a Liability of any BRRD Party Entity (a Relevant BRRD Party) to the Issuer any other party under this Agreement and/or any agreement for the issue and purchase of Notes or Covered Bonds as referred to in clause 2, 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 the Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD the Liability into shares, other securities or other obligations of the relevant Relevant BRRD Party or another person (and the issue to or conferral on any other party to this Agreement and/or any agreement for the Issuer issue and purchase of Notes or Covered Bonds as referred to in clause 2 of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(iv) the amendment or alteration of the amounts due in relation to any Liability, including any interest, if applicable, thereon, the maturity or the dates date on which any payments are due, including by suspending payment for a temporary period; and
(b) the variation of the terms of this AgreementAgreement and/or any agreement for the issue and purchase of Notes or Covered Bonds as referred to in clause 2, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by any the Relevant Resolution Authority. In .
21.2 For the purposes of this Clause 20: clause 21:
(a) Bail-in Legislation means, in relation to a member state of the European Economic Area which has implemented, or which at any time implements, the BRRD, the relevant implementing law, regulation, rule or requirement as described in the EU Bail-in Legislation Schedule from time to time;
(b) Bail-in Powers means any Write-down and Conversion Powers as defined in the EU Bail-in Legislation Schedule, in relation to the relevant Bail-in Legislation;
(c) BRRD means Directive 2014/59/EU of 15 May 2014 establishing the framework for the recovery and resolution of credit institutions and investment firms, as amended or replaced from time to time;
(d) BRRD Entity means any party to this Agreement and/or any agreement for the issue and purchase of Notes or Covered Bonds as referred to in clause 2 that is subject to Bail-in Powers;
(e) 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; andtime;
Appears in 1 contract
Samples: Programme Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement 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 Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(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 the 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.
Appears in 1 contract
Samples: Agency Agreement
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 or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts 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, 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 it 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 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 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.
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings understanding between any BRRD Party and the IssuerIssuers or the Guarantor, the Issuer acknowledges Issuers and accepts the Guarantor 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 Authority, and acknowledgesacknowledge, accepts, consents accept and agrees agree to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any each BRRD Party to an Issuer or the Issuer Guarantor under this Agreement 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 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 an Issuer or the Issuer Guarantor 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.
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings understanding between any BRRD Party the Issuer and the IssuerAgent, each of the Issuer and the Agents 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 Authority, and acknowledges, accepts, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any a BRRD Party (a Relevant BRRD Party) to the Issuer any other party under this Agreement 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 the Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any BRRD the Liability into shares, other securities or other obligations of the relevant Relevant BRRD Party or another person as the case may be (and the issue to or conferral on the Issuer any other party to this Agreement, of such shares, securities or obligations);
(iii) the cancellation of any BRRD the Liability; orand
(iv) the amendment or alteration of any interest, if applicable, thereon, the maturity or the dates on which any the 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 the 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.
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 31.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, arrangements or understandings between any BRRD Party or among the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(ai) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(ia) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(iib) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iiic) the cancellation of any BRRD Liability; orand
(ivd) 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
(bii) the variation of the terms of this Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-Bail- in Powers by any the Relevant Resolution Authority. In .
31.2 For the purposes of 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; andSection 31:
Appears in 1 contract
Samples: Note Agency Agreement
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 or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts 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, consents consent and agrees to be bound by:
(a) the effect of the exercise of Bail-Bail- in Powers by any Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party to the Issuer it 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 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 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.
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 19.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings understanding between any each BRRD Party and the Issuereach BRRD Counterparty, the Issuer each BRRD Counterparty acknowledges and accepts that a 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, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any each BRRD Party to the Issuer each BRRD Counterparty 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 such BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any such BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party or another person (person, and the issue to or conferral on the Issuer BRRD Counterparty of such shares, securities or obligations);
(iii) the cancellation of any such 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, Agreement as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by any the Relevant Resolution Authority. In .
19.2 For the purposes of 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; and19:
Appears in 1 contract
Samples: Issue and Paying Agency Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement 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 Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(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 the Relevant Resolution Authority. In For the purposes of 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; andclause 33:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 31.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings understanding between any BRRD Party and the IssuerRegistrar, the Issuer and the Guarantor, each of the Issuer and the Guarantor 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 Authority, and acknowledges, accepts, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party the Registrar to the Issuer and/or the Guarantor under this Agreement 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 the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Registrar or another person (person, and the issue to or conferral on the Issuer and/or the Guarantor of such shares, securities or obligations);
(iii) the cancellation of any the BRRD Liability; orand
(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 the Relevant Resolution Authority. In .
31.2 For the purposes of this Clause 2031: EU Bail-in Legislation Schedule Relevant Resolution Authority means the document described as such, then resolution authority with the ability to exercise any Bail- in effect, and published by Powers in relation to the Loan Market Association (or any successor person) from time to time at xxxxx://xxx.xxx.xx.xxx/documents-guidelines/eu-bail-legislation-schedule; andRegistrar.
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement 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 Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(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 the Relevant Resolution Authority. In For the purposes of 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; and34:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings between any BRRD Party and the Issuer, the Guarantor and the Dealers (including any agreement for the issue and purchase of Notes as referred to in clause 2), the Issuer and the Guarantor acknowledges and accepts that a BRRD Liability arising under this Agreement and any agreement for the issue and purchase of Notes as referred to in clause 2 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 Dealer to the Issuer or the Guarantor, under this Agreement and any agreement for the issue and purchase of Notes as referred to in clause 2, that (without limitation) may include and result in any of the following, or some combination thereof:
(i) the reduction of all, or a portionportion of, 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 any Dealer 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 AgreementAgreement and any agreement for the issue and purchase of Notes as referred to in clause 2, 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:
Appears in 1 contract
Samples: Programme Agreement (Autoliv Inc)
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of this Agreement, 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-Bail- in Powers by the Relevant Resolution Authority Authority, and acknowledgesacknowledge, accepts, consents accept and agrees agree to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any each BRRD Party to the Issuer under this Agreement 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.
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 36.1 Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement that Agreement, which (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 the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any the BRRD Liability; orand
(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 Agreement, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of Bail-in Powers by any the Relevant Resolution Authority. In .
36.2 For the purposes of 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; andclause 36:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 26.1 Notwithstanding and to the exclusion of any other term of this Agreement, or Agreement and/or any other agreements, arrangements, or understandings between any BRRD Party and any of the Issuerother parties hereto, each of the Issuer parties hereto 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 it 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 it 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. .
26.2 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; andclause 26:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 19.1 Notwithstanding and to the exclusion of any other term of this Agreement and/or any Relevant Agreement, or any other agreements, arrangements, or understandings between any each BRRD Party and the Issuer, the Issuer acknowledges and accepts that a BRRD Liability arising under this Agreement and/or any Relevant Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority and acknowledgesacknowledge, acceptsaccept, consents consent and agrees agree to be bound by:
(a) 19.1.1 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 and/or any Relevant 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 such BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any such 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 such 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) 19.1.2 the variation of the terms of this Agreement and/or any Relevant 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; and19:
Appears in 1 contract
Samples: Dealer Agreement
RECOGNITION OF BAIL-IN POWERS. 9.1 Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement 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 Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(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 the Relevant Resolution Authority. In .
9.2 For the purposes of 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; andclause 9:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 29.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, or understandings understanding between any BRRD Party the Agents, the Trustee and the IssuerBank, each of the Issuer Trustee and the Bank 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 Authority, and acknowledges, accepts, consents and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party an Agent to the Issuer Trustee and/or the Bank under this Agreement 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 the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of any the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Agent or another person (person, and the issue to or conferral on the Issuer Trustee and/or the Bank of such shares, securities or obligations);
(iii) the cancellation of any the BRRD Liability; orand
(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 the Relevant Resolution Authority. In .
29.2 For the purposes of 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; and29.2:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement 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 Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(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 the Relevant Resolution Authority. In For the purposes of 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; and33:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 30.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, arrangements or understandings between any BRRD Party or among the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
: (ai) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
: (ia) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
; (iib) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
; (iiic) the cancellation of any BRRD Liability; or
and (ivd) 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
and (bii) 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 the Relevant Resolution Authority. In .
30.2 For the purposes of 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; and30:
Appears in 1 contract
Samples: Note Agency Agreement
RECOGNITION OF BAIL-IN POWERS.
30.1 Notwithstanding and to the exclusion of any other term of this Agreement, Agreement or any other agreements, arrangements, arrangements or understandings between any BRRD Party or among the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(ai) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement Agreement, that (without limitation) may include and result in any of the following, or some combination thereof:
(ia) the reduction of all, or a portion, of any BRRD Liability or outstanding amounts due thereon;
(iib) the conversion of all, or a portion, of any BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iiic) the cancellation of any BRRD Liability; orand
(ivd) 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
(bii) 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 the Relevant Resolution Authority. In .
30.2 For the purposes of 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; and30:
Appears in 1 contract
Samples: Note Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 8.1 Notwithstanding and to the exclusion of any other term of this Agreement, or Agreement and/or any other agreements, arrangements, or understandings between any BRRD Party and any of the Issuerother parties hereto, each of the Issuer parties hereto 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 it 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 it 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. .
8.2 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; andclause [8.2]:
Appears in 1 contract
Samples: Agency Agreement
RECOGNITION OF BAIL-IN POWERS. 37.1 Notwithstanding and to the exclusion of any other term of in this Agreement, Agreement or any other agreements, arrangements, or understandings between or among any BRRD Party of the parties to this Agreement, each of the parties to this Agreement acknowledges, accepts and the Issuer, the Issuer acknowledges and accepts agrees that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority Authority, and acknowledges, accepts, consents accepts and agrees to be bound by:
(a) the effect of the exercise of Bail-in Powers by any the Relevant Resolution Authority in relation to any BRRD Liability of any BRRD Party Entity to the Issuer it under this Agreement 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 Entity or another person (and the issue to or conferral on the Issuer it of such shares, securities or obligations);
(iii) the cancellation of any BRRD Liability; orand
(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 the Relevant Resolution Authority. In .
37.2 For the purposes of 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; andclause 37:
Appears in 1 contract
Samples: Fiscal Agency Agreement