Loss absorption. (1) The provisions of § 302 AktG, as applicable from time to time, apply mutatis mutandis to any loss absorption.
Loss absorption. Fresenius AG is obliged to balance any annual deficit that would otherwise occur during the term of this Agreement, insofar as it cannot be balanced by means of withdrawal of amounts from free reserves that have been allocated to them during the term of this Agreement in accordance with Section 1 (2). In other respects sec. 302 (1) and (3) AktG, as amended from time to time, shall apply accordingly.
Loss absorption. The Tax Group Parent shall during the term of this agreement absorb the losses of the Tax Group Subsidiary in accordance with all of the provisions of § 302 Stock Corporation Act, as amended from time to time.
Loss absorption. The following write-downs and write-ups in respect of the principal amount of the Notes represented by this temporary Global Note have been made pursuant to Condition 6 (Loss absorption): Date of write- down or write-up Amount of principal written down or written up Remaining nominal amount and principal amount of this temporary Global Note following write-down or write-up Notation made by or on behalf of the Fiscal Agent € €
Loss absorption. The following write-downs and write-ups in respect of the principal amount of the Notes represented by this permanent Global Note have been made pursuant to Condition 6 (Loss absorption and reinstatement of principal amount): Date of write- down or write-up Amount of principal written down or written up Remaining nominal amount and principal amount of this permanent Global Note following write-down or write-up Notation made by or on behalf of the Fiscal Agent € € SCHEDULE 2 FORM OF DEFINITIVE NOTE, COUPON AND TALON AND CONDITIONS PART 1 FORM OF DEFINITIVE NOTE (Face of Note) 000000 XS1539597499 00 00000 UNICREDIT S.p.A. (incorporated as a Società per Azioni under the laws of the Republic of Italy) €500,000,000 Non-cumulative Temporary Write-Down Deeply Subordinated Fixed Rate Resettable Notes The issue of the Notes was authorised by a resolution of the Board of Directors of UniCredit S.p.A. (the Issuer) passed on [] 2016. This Note forms one of a series of Notes issued as bearer Notes in denominations of €200,000 and integral multiples of €1,000 in excess thereof up to and including €399,000 in an aggregate nominal amount of €500,000,000. The Issuer for value received and subject to and in accordance with the Conditions endorsed hereon hereby promises to pay to the bearer on the Interest Payment Date (as defined in the Conditions endorsed hereon) (or on such earlier date as the principal amount (as determined under the Conditions) may become repayable under the said Conditions) the principal amount of: €[] together with interest on the principal amount of €500,000,000 at the rate determined under Condition 5 (Interest and interest cancellation) payable in arrear on each Interest Payment Date and together with such premium and other amounts as may be payable, all subject to and under the Conditions. Upon the occurrence of any write-down or write-up of the principal amount of the Notes pursuant to Condition 6 (Loss absorption and reinstatement of principal amount) or in the event of cancellation of any Interest Amounts pursuant to Condition 5 (Interest and interest cancellation), the record kept by the Fiscal Agent evidencing the amounts and dates of such write-down or write-up or, as appropriate, the cancellation of any Interest Amounts (as the case may be) shall, in the absence of manifest error, be conclusive evidence of the principal amount repayable (together with any interest thereon) under this Note. The Notes are issued pursuant to an Agency Agreem...
Loss absorption. If the Common Equity Tier 1 Capital Ratio of the Issuer falls below 5.125% (an Issuer Contingency Event) or the Common Equity Tier 1 Capital Ratio of the UniCredit Group falls below 5.125% (a Group Contingency Event) or, in each case, the then minimum trigger event ratio for loss absorption applicable to Additional Tier 1 Capital instruments specified in the Relevant Regulations (excluding any guidelines or policies of non-mandatory application) applicable to the Issuer and/or the UniCredit Group (each, a Contingency Event), the Issuer shall:
Loss absorption. The full absorption of losses is governed by the provisions of section 302 of the German Stock Corporation Act in its version as amended from time to time.
Loss absorption. (a) Following a Write-off Event, the Issuer shall take the following actions in order to effect the Principal/Interest Permanent Reduction:
Loss absorption. The Willensbildungsgesellschaft is obliged to balance any deficit incurred during the term of the contract to the extent that it is not balanced by amounts taken from retained earnings pursuant to the aforementioned Section 2 para. which were paid into these during the term of the contract.
