Recognition of EU Bail-In Powers. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between each BRRD Party and each BRRD Counterparty, each BRRD Counterparty 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 each BRRD Party to 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 such BRRD Liability or outstanding amounts due thereon; (ii) the conversion of all, or a portion, of 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 BRRD Counterparty of such shares, securities or obligations; (iii) the cancellation of such 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 18:
Appears in 2 contracts
Samples: Trust Deed, Trust Deed
Recognition of EU Bail-In Powers. Notwithstanding Notwithstanding, and to the exclusion of of, any other term of this Agreement or any other agreements, arrangements, or understanding between each BRRD Party and each BRRD Counterpartyunderstandings among the parties hereto, each BRRD Counterparty of the Company and the Agents acknowledges and accepts that a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers Power 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 each BRRD Party Covered Agent to each BRRD Counterparty the Company 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 such the BRRD Liability or outstanding amounts due thereon;
; (ii) the conversion of all, or a portion, of such the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Covered Agent or another person, and the issue to or conferral on the BRRD Counterparty Company of such shares, securities or obligations;
; (iii) the cancellation of such the 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;
(b) the variation of the terms of this AgreementAgreement as they relate to any BRRD Liability of a Covered Agent, as deemed necessary by the Relevant Resolution Authority, to give effect to the exercise of the Bail-in Powers by the Relevant Resolution Authority. For the purposes of this Clause 18:Section 21,
Appears in 2 contracts
Samples: Distribution Agreement (Prudential Financial Inc), Distribution Agreement (Prudential Financial Inc)
Recognition of EU Bail-In Powers.
21.1 Notwithstanding and to the exclusion of any other term of this Agreement Agreement, or any other agreements, arrangements, arrangements or understanding between each BRRD Party and each BRRD Counterpartyany of the parties hereto, each BRRD Counterparty party to this Agreement acknowledges and accepts that a any BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the any Relevant Resolution Authority, Authority and acknowledges, accepts, consents to and agrees to be bound by:
(a) the effect of the exercise of any Bail-in Powers by the any Relevant Resolution Authority in relation respect of any party to any BRRD Liability of each BRRD Party to each BRRD Counterparty under this Agreement, that which exercise (without limitation) may include and result in any of the following, or some a combination thereof:
(i) the reduction of all, or a portion, of such the BRRD Liability or outstanding amounts amount due thereon;
(ii) the conversion of all, or a portion, of such the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Liability obligor or another person, and the issue to or conferral on the creditor in respect of such BRRD Counterparty Liability of such shares, securities or obligations, including by means of an amendment, modification or variation of the terms of this Agreement;
(iii) the cancellation of such the BRRD Liability;; and
(iv) the amendment or alteration of the BRRD Liability in any interestmanner, if applicable, thereon, including the maturity or the dates on which any payments thereon are due, the amendment of the amount of interest (if any) payable thereon, 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 any Bail-in Powers by the Relevant Resolution Authority. For .
21.2 Each party to this Agreement further acknowledges and accepts that the purposes exercise by any Relevant Resolution Authority of any Bail-in Powers shall not constitute a breach of, or a default under, any provision of this Agreement by any party hereto.
21.3 In this Clause 18:21: implementing law, regulation, rule or requirement as described in the EU Bail-in Legislation Schedule from time to time;
Appears in 1 contract
Samples: Programme Agreement
Recognition of EU Bail-In Powers. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between each any BRRD Party and any other party (whether or not a BRRD Party) to this Agreement (each a BRRD Counterparty), each BRRD Counterparty acknowledges and accepts that a any BRRD Liability arising under this Agreement may be subject to the exercise of Bail-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 each a BRRD Party to 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 such the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of such the BRRD Liability into shares, other securities or other obligations of the relevant Relevant BRRD Party or another person, and the issue to or conferral on the (or each) relevant BRRD Counterparty in respect of such BRRD Liability of such shares, securities or obligations;
(iii) the cancellation of such the 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-Bail- in Powers by the Relevant Resolution Authority. For the purposes of this Clause 18:31: 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
Appears in 1 contract
Samples: Agency Agreement
Recognition of EU Bail-In Powers. (1) Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between any of the EU Dealers (each EU Dealer, a “BRRD Party Party”) and any other party (whether or not a BRRD Party) to this Agreement (each a “BRRD Counterparty”), 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, 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 each a BRRD Party (the “Relevant BRRD Party”) to 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 such the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of such the BRRD Liability into shares, other securities or other obligations of the relevant Relevant BRRD Party or another person, and the issue to or conferral on the (or each) relevant BRRD Counterparty in respect of such BRRD Liability of such shares, securities or obligations;
(iii) the cancellation of such the 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. .
(2) For the purposes of this Clause 18:21: references to “this Agreement” shall be deemed to include references to any ancillary agreement entered into under this Agreement, including (without limitation) any Subscription Agreement, Dealer Accession Letter and/or Confirmation Letter;
Appears in 1 contract
Samples: Programme Agreement
Recognition of EU Bail-In Powers. Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements, or understanding between each any BRRD Party and any other party (whether or not a BRRD Party) to this Agreement (each a BRRD Counterparty), each BRRD Counterparty acknowledges and accepts that a any BRRD Liability arising under this Agreement may be subject to the exercise of Bail-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 each a BRRD Party to 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 such the BRRD Liability or outstanding amounts due thereon;
(ii) the conversion of all, or a portion, of such the BRRD Liability into shares, other securities or other obligations of the relevant Relevant BRRD Party or another person, and the issue to or conferral on the (or each) relevant BRRD Counterparty in respect of such BRRD Liability of such shares, securities or obligations;
(iii) the cancellation of such the 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-Bail- in Powers by the Relevant Resolution Authority. For the purposes of this Clause 1810:
Appears in 1 contract
Samples: Agency Agreement
Recognition of EU Bail-In Powers. 21.1 Notwithstanding and to the exclusion of any other term of this Agreement Agreement, or any other agreements, arrangements, arrangements or understanding between each BRRD Party and each BRRD Counterpartyany of the parties hereto, each BRRD Counterparty party to this Agreement acknowledges and accepts that a any BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the any Relevant Resolution Authority, Authority and acknowledges, accepts, consents to and agrees to be bound by:
(a) the effect of the exercise of any Bail-in Powers by the any Relevant Resolution Authority in relation respect of any party to any BRRD Liability of each BRRD Party to each BRRD Counterparty under this Agreement, that which exercise (without limitation) may include and result in any of the following, or some a combination thereof:
(i) the reduction of all, or a portion, of such the BRRD Liability or outstanding amounts amount due thereon;
(ii) the conversion of all, or a portion, of such the BRRD Liability into shares, other securities or other obligations of the relevant BRRD Party Liability obligor or another person, and the issue to or conferral on the creditor in respect of such BRRD Counterparty Liability of such shares, securities or obligations, including by means of an amendment, modification or variation of the terms of this Agreement;
(iii) the cancellation of such the BRRD Liability;; and
(iv) the amendment or alteration of the BRRD Liability in any interestmanner, if applicable, thereon, including the maturity or the dates on which any payments thereon are due, the amendment of the amount of interest (if any) payable thereon, 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 any Bail-in Powers by the Relevant Resolution Authority. For .
21.2 Each party to this Agreement further acknowledges and accepts that the purposes exercise by any Relevant Resolution Authority of any Bail-in Powers shall not constitute a breach of, or a default under, any provision of this Agreement by any party hereto.
21.3 In this Clause 1821:
Appears in 1 contract
Samples: Programme Agreement