Examples of Capital Ratio Event in a sentence
The events described in paragraphs (a) through (c) are referred to as a “Going Concern Write-Down.” A Capital Ratio Event may occur on any number of occasions and, accordingly, any series of Securities may be written down on any number of occasions.
A redemption notice will be automatically rescinded and will have no force and effect, and no redemption amount will be due and payable, if a Capital Ratio Event, Non-Viability Event or Bankruptcy Event or a Liquidation Event occurs prior to the applicable redemption date, in which case the Securities will be subject to a Going Concern Write-Down or a Write-Down and Cancellation as provided in Articles 13 and 14 or the subordination provisions as provided in Article 12, as the case may be.
In such case, the Company will endeavor, as soon as practicable after the Company reports or publicly announces, as applicable, its Consolidated Common Equity Tier 1 Capital Ratio, to deliver a written notice to the holders of the Securities, the Trustee and the paying agent in accordance with the terms of this Indenture, confirming that a Capital Ratio Event shall be deemed to have not occurred.
For the voidance of doubt, a Capital Ratio Event and the resulting Going Concern Write-Down shall not constitute a default or breach under this Indenture.
Any failure or delay by the Company to deliver such notice shall not change or delay the effect of the non-occurrence of the Capital Ratio Event on its payment obligations under the Securities, or give holders of the Securities any rights as a result of such failure or delay.
At any time prior to the payment of a Liquidation Claim in accordance with the subordination provisions herein, a Liquidation Claim shall be subject to a Going Concern Write-Down or a Write-Down and Cancellation upon the occurrence of a Capital Ratio Event, Non-Viability Event or Bankruptcy Event, as the case may be.