Common use of Viability Event Clause in Contracts

Viability Event. (i) Upon the occurrence of a Viability Event, (A) the Issuer shall give notice to the Holders in accordance with Condition 13 (Notices) within three days of the date on which such Viability Event occurred, which notice shall (x) state that a Viability Event has occurred and a Contingent Write-down will take place and (y) specify the date on which the Contingent Write-down will take place, which date shall be no later than 10 Business Days after the date of such notice (such specified date, the “Viability Event Write-down Date”, and such notice, a “Viability Event Writedown Notice”), and (B) a Contingent Write-down shall occur on the Viability Event Write-down Date in accordance with clause (d) of this Condition 6. (ii) A “Viability Event” shall be deemed to have occurred if: (A) the FINMA has notified UBS AG in writing that it has determined a write-down of the Notes, together with the conversion or write down, as applicable, of holders’ claims in respect of any other capital instruments issued by any member of the Group that, pursuant to their terms or by operation of law, are capable of being converted into equity or written down at that time, is, because customary measures to improve UBS AG’s capital adequacy are at the time inadequate or unfeasible, an essential requirement to prevent UBS AG from becoming insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business; or (B) because customary measures to improve UBS AG’s capital adequacy being at the time inadequate or unfeasible, UBS AG has received an irrevocable commitment of direct or indirect extraordinary support from the Public Sector (beyond customary transactions and arrangements in the ordinary course) that has, or imminently will have, the effect of improving UBS AG’s capital adequacy and without which, in the determination of (and as notified in writing by) the FINMA, UBS AG would have become insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business. For the avoidance of doubt, it is understood that, a Viability Event may occur irrespective of whether or not a Trigger Event has occurred or whether any of the conditions to the issuance of a Trigger Event Write-down Notice have been met.

Viability Event. (i) Upon the occurrence of a Viability Event, (A) the Issuer shall give notice to the Holders in accordance with Condition 13 (Notices) within three days of the date on which such Viability Event occurred, which notice shall (x) state that a Viability Event has occurred and a Contingent Write-down will take place and (y) specify the date on which the Contingent Write-down will take place, which date shall be no later than 10 Business Days after the date of such notice (such specified date, the “Viability Event Write-down Date”, and such notice, a “Viability Event Writedown Write-down Notice”), and (B) a Contingent Write-down shall occur on the Viability Event Write-down Date in accordance with clause (d) of this Condition 6. (ii) A “Viability Event” shall be deemed to have occurred if: (A) the FINMA has notified UBS AG in writing that it has determined a write-down of the Notes, together with the conversion or write down, as applicable, of holders’ claims in respect of any other capital instruments issued by any member of the Group that, pursuant to their terms or by operation of law, are capable of being converted into equity or written down at that time, is, because customary measures to improve UBS AG’s capital adequacy are at the time inadequate or unfeasibleinfeasible, an essential requirement to prevent UBS AG from becoming insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business; or (B) because customary measures to improve UBS AG’s capital adequacy being at the time inadequate or unfeasibleinfeasible, UBS AG has received an irrevocable commitment of direct or indirect extraordinary support from the Public Sector (beyond customary transactions and arrangements in the ordinary course) that has, or imminently will have, the effect of improving UBS AG’s capital adequacy and without which, in the determination of (and as notified in writing by) the FINMA, UBS AG would have become insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business. For the avoidance of doubt, it is understood that, a Viability Event may occur irrespective of whether or not a Trigger Event has occurred or whether any of the conditions to the issuance of a Trigger Event Write-down Notice have been met.

Viability Event. (i) Upon Subject to Condition 6(f), upon the occurrence of a Viability Event, (A) the Issuer shall give notice to the Holders in accordance with Condition 13 12 (Notices) within three days of the date on which such Viability Event occurred, which notice shall (x) state that a Viability Event has occurred and a Contingent Write-down will take place and (y) specify the date on which the Contingent Write-down will take place, which date shall be no later than 10 Business Days after the date of such notice (such specified date, the “"Viability Event Write-down Date”", and such notice, a “" Viability Event Writedown Write-down Notice”"), and (B) a Contingent Write-down shall will occur on the Viability Event Write-down Date in accordance with clause (d) of this Condition 6. (ii) A “"Viability Event” shall " will be deemed to have occurred if:if prior to an Alternative Loss Absorption Date (if any): (A) the FINMA has notified UBS Group AG in writing that it has determined a write-down of the Notes, together with the conversion or write write-down, as applicable, of holders’ ' claims in respect of any all other capital instruments issued by by, or other capital obligations (whether qualifying fully or partially for capital treatment) of, any member of the Group that, pursuant to their terms or by operation of law, are capable of being converted into equity or written down at that time, is, because customary measures to improve UBS AG’s the Group Holding Company's capital adequacy are at the time inadequate or unfeasibleinfeasible, an essential requirement to prevent UBS AG the Group Holding Company from becoming insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business; or (B) because customary measures to improve UBS AG’s the Group Holding Company's capital adequacy being at the time inadequate or unfeasibleinfeasible, UBS AG the Group Holding Company has received an irrevocable commitment of direct or indirect extraordinary support from the Public Sector (beyond customary transactions and arrangements in the ordinary course) that has, or imminently will have, the effect of improving UBS AG’s the Group Holding Company's capital adequacy and without which, in the determination of (and as notified in writing by) the FINMA, UBS AG the Group Holding Company would have become insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business. For the avoidance of doubt, it is understood that, a Viability Event may occur irrespective of whether or not a Trigger Event has occurred or whether any of the conditions to the issuance of a Trigger Event Write-down Notice have been met.

Viability Event. (i) Upon Subject to clause (f) of this Condition 7, upon the occurrence of a Viability Event, (A) the Issuer shall give notice to the Holders in accordance with Condition 13 (Notices) within three days of the date on which such Viability Event occurred, which notice shall (x) state that a Viability Event has occurred and a Contingent Write-down will take place and (y) specify the date on which the Contingent Write-down will take place, which date shall be no later than 10 ten Business Days after the date of such notice (such specified date, the “"Viability Event Write-down Date”", and such notice, a “"Viability Event Writedown Write-down Notice”"), and (B) a Contingent Write-down shall will occur on the Viability Event Write-down Date in accordance with clause (d) of this Condition 67. (ii) A “"Viability Event” shall be deemed to " will have occurred if:if prior to an Alternative Loss Absorption Date (if any): (A) the FINMA has notified UBS Group AG in writing that it has determined a write-down of the Notes, together with the conversion or write write- down, as applicable, of holders’ ' claims in respect of any all other capital instruments issued by by, or other capital obligations (whether qualifying fully or partially for capital treatment) of, any member of the Group that, pursuant to their terms or by operation of law, are capable of being converted into equity or written down at that time, is, because customary measures to improve UBS AG’s the Group Holding Company's capital adequacy are at the time inadequate or unfeasibleinfeasible, an essential requirement to prevent UBS AG the Group Holding Company from becoming insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business; or (B) because customary measures to improve UBS AG’s the Group Holding Company's capital adequacy being at the time inadequate or unfeasibleinfeasible, UBS AG the Group Holding Company has received an irrevocable commitment of direct or indirect extraordinary support from the Public Sector (beyond customary transactions and arrangements in the ordinary course) that has, or imminently will have, the effect of improving UBS AG’s the Group Holding Company's capital adequacy and without which, in the determination of (and as notified in writing by) the FINMA, UBS AG the Group Holding Company would have become insolvent, bankrupt, unable to pay a material part of its debts as they fall due or unable to carry on its business. For the avoidance of doubt, it is understood that, a Viability Event may occur irrespective of whether or not a Trigger Event has occurred or whether any of the conditions to the issuance of a Trigger Event Write-down Notice have been met.