Acknowledgement and Consent to Bail Clause Samples

Acknowledgement and Consent to Bail. In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Credit Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Credit Document; or (iii) the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA Resolution Authority.

Acknowledgement and Consent to Bail. In of Affected Financial Institutions. Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and (b) the effects of any Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such Affected Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of the applicable Resolution Authority.

Acknowledgement and Consent to Bail. In of Affected Financial Institutions 80

Acknowledgement and Consent to Bail. In of Affected Financial Institutions 148 Section 9.17. Acknowledgement Regarding Any Supported QFCs 149 COMMITMENT SCHEDULE LC COMMITMENT SCHEDULE PRICING SCHEDULE Schedule 1.01(a) Subsidiary Guarantors Schedule 1.01(b) Qualified Parents Schedule 1.01(c) ESG KPI Requirements Schedule 2.16 Existing Letters of Credit Schedule 5.01 Additional Monthly Financial Information Schedule 6.01 Existing Liens Exhibit A-1 - Form of Assignment Exhibit A-2 - Form of Letter of Credit Assignment Exhibit B - [Reserved] Exhibit C-1 - Form of Borrower Security Agreement Exhibit C-2 - Form of Subsidiary Security Agreement Exhibit C-3 - Form of Borrower Canadian Security Agreement Exhibit D - Form of Borrowing Base Certificate Exhibit E - Form of Subsidiary Guarantee Agreement Exhibit F-1 - Form of Collateral Access Agreement (Processor/Warehouse) Exhibit F-2 - Form of Collateral Access Agreement (Landlord) Exhibit G - Certain Definitions from Regulation S-X (as in effect on the date of this Agreement) Exhibit H - Form of Designation Agreement Exhibit I-1 - Form of U.S. Tax Compliance Certificate (Foreign Lenders/Non-Partnerships) Exhibit I-2 - Form of U.S. Tax Compliance Certificate (Foreign Participants/Non-Partnerships) Exhibit I-3 - Form of U.S. Tax Compliance Certificate (Foreign Participants/Partnerships) Exhibit I-4 - Form of U.S. Tax Compliance Certificate (Foreign Lenders/Partnerships) SIXTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 27, 2022 among UNITED STATES STEEL CORPORATION, the SUBSIDIARY GUARANTORS from time to time party hereto, the LENDERS from time to time party hereto, the LC ISSUING BANKS from time to time party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent.

Acknowledgement and Consent to Bail. In of EEA Financial Institutions 74

Acknowledgement and Consent to Bail. In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Acknowledgement and Consent to Bail. In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any suchthe parties hereto, each party hereto acknowledges that any liability of any Lender that is an EEAAffected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by an EEAthe applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any Lenderparty hereto that is an EEAAffected Financial Institution; and (b) (b) the effects of any Bail-inBail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEAAffected Financial Institution, its parent undertakingentity, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEAWrite-Down and Conversion Powers of the applicable Resolution Authority. SECTION 10.27. Lender Representations. . AMERICAS/2023095923.12023095923.18 207 Credit Agreement (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Loan Party, that at least one of the following is and will be true: (i) such Lender is not using “plan assets” (within the meaning of 29 CFR § 2510.3-101, as modified by Section 3(42) of ERISA) of one or more Benefit Plans in connection with the Loans, the Letters of Credit or the Commitments, (ii) the transaction exemption set forth in one or more PTEs, such as PTE 84-14 (a class exemption fo...

Acknowledgement and Consent to Bail. In of Affected Financial Institutions. Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Lender that is an Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

Acknowledgement and Consent to Bail. In of Affected Financial Institutions 121105 SECTION 9.20. Acknowledgment Regarding any Supported QFCs 122105 ARTICLE X LOAN GUARANTY 122106 SECTION 10.01. Guaranty 122106