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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party that is an EEA Financial Institution, 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 under any Loan Documents which may be payable to it by any Secured Party that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (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 any 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 EEA Resolution Authority.
Appears in 17 contracts
Samples: Loan Agreement (Key Energy Services Inc), Loan and Security Agreement (Olympic Steel Inc), Loan Agreement (School Specialty Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 11 contracts
Samples: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Recro Pharma, Inc.), Credit Agreement (RedHill Biopharma Ltd.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 11 contracts
Samples: Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc), Credit Agreement (Advanced Drainage Systems, Inc.)
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in Bail- In Action on any such liability, including (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 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 any 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 EEA the applicable Resolution Authority.
Appears in 9 contracts
Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement, Loan and Guarantee Agreement
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of that, with respect to any Secured Party that is an EEA Financial Institution, to the extent any unsecured liability of such liability is unsecured, Secured Party arising under a Loan Document may be subject to the write-down and conversion powers of an EEA Resolution Authority, and each party hereto 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 under any Loan Documents liability which may be payable to it by any such Secured Party that is an EEA Financial InstitutionParty; and (b) the effects of any Bail-in Action on any such liability, including (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 undertakingparent, or a bridge institution that may be issued to it the party 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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeany Write-down Down and conversion powers of any EEA Resolution AuthorityConversion Powers.
Appears in 8 contracts
Samples: Loan Agreement (Conns Inc), Guaranty and Security Agreement (ArcLight Clean Transition Corp.), Loan and Security Agreement (Conns Inc)
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including (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 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 any 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 EEA the applicable Resolution Authority.
Appears in 7 contracts
Samples: Loan and Guarantee Agreement (United Airlines, Inc.), Loan and Guarantee Agreement (Hawaiian Holdings Inc), Loan and Guarantee Agreement (Sun Country Airlines Holdings, Inc.)
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 the parties, each party hereto (including each Secured PartyLender) acknowledges that that, with respect to any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial Institution, to the extent any unsecured liability of such liability is unsecured, Lender arising under a Loan Document may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, and each party hereto 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 under any Loan Documents liability which may be payable to it by any Secured Party that is an EEA Financial Institutionsuch Lender; and (b) the effects of any Bail-in Action on any such liability, including (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 undertakingparent, 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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeany Write-down Down and conversion powers of any EEA Resolution AuthorityConversion Powers.
Appears in 6 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Note Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Purchaser that is an EEA Financial InstitutionInstitution arising under any Note Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Purchaser that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan other Note 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.
Appears in 6 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Puma Biotechnology, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 6 contracts
Samples: Credit Agreement (Linn Energy, Inc.), Credit Agreement (Northern Oil & Gas, Inc.), Credit Agreement (Northern Oil & Gas, Inc.)
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 arrangement, or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 that 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 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 EEA Resolution Authority.
Appears in 6 contracts
Samples: Credit Agreement (Moneylion Inc.), Credit Agreement (LIV Capital Acquisition Corp.), Credit Agreement (Digital Media Solutions, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 5 contracts
Samples: Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Trean Insurance Group, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 5 contracts
Samples: Credit Agreement (Aerojet Rocketdyne Holdings, Inc.), Credit Agreement and Lender Joinder Agreement (Fleetcor Technologies Inc), Credit Agreement (Ciner Resources LP)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionCredit Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; , and (b) the effects of any Bail-in Action on any such liability, including 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 Loan 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.
Appears in 5 contracts
Samples: Lien Revolving Credit Agreement (Teligent, Inc.), Credit Agreement (Teligent, Inc.), First Lien Credit Agreement (Teligent, Inc.)
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in Bail- In Action on any such liability, including (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 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 any 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 EEA the applicable Resolution Authority.Authority.
Appears in 5 contracts
Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement, Loan and Guarantee Agreement
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Facility Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionCredit Facility Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan other Credit Facility Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 5 contracts
Samples: Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 5 contracts
Samples: Credit Agreement (Molina Healthcare Inc), Agreement (Aaron's Inc), Credit Agreement (Primo Water Corp)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; , and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 4 contracts
Samples: Credit Agreement (KMG Chemicals Inc), Credit Agreement (Green Plains Inc.), Credit Agreement (Vertex Energy Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 4 contracts
Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Quanta Services Inc), Credit Agreement (Adeptus Health Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution 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, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan 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.
Appears in 4 contracts
Samples: Credit Agreement (Protective Life Corp), Credit Agreement (EarthLink Holdings Corp.), Credit Agreement (Sun Communities Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 4 contracts
Samples: Credit Agreement (Intl Fcstone Inc.), Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc)
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in Bail- In Action on any such liability, including (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 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 any 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 EEA the applicable Resolution Authority.Authority. THE BANK OF NEW YORK MELLON, as Administrative Agent By Name: Xxxx X. Xxxxxx Title: Vice President THE BANK OF NEW YORK MELLON, as Collateral Agent By Name: Xxxx X. Xxxxxx Title: Vice President
Appears in 3 contracts
Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement, Loan and Guarantee Agreement
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Credit Document of any Secured Party that is an EEA Financial Institution, 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 under any Loan Credit Documents which may be payable to it by any Secured Party that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (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, 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 any Loan 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.
Appears in 3 contracts
Samples: Intercreditor Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; 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.
Appears in 3 contracts
Samples: Term Loan Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Nesco Holdings, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or the L/C Issuer that is an EEA Financial Institution is a party to this Agreement, and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or the L/C Issuer that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or the L/C Issuer that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; , or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 3 contracts
Samples: Credit Agreement (Mission Produce, Inc.), Credit Agreement (Us Xpress Enterprises Inc), Credit Agreement (Meet Group, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 3 contracts
Samples: Credit Agreement (BioTelemetry, Inc.), Credit Agreement (Biotelemetry, Inc.), Credit Agreement (Biotelemetry, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionCredit Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan 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.. For the purposes of this Section 12.16, the following terms have the following respective meanings:
Appears in 3 contracts
Samples: Pre Export Finance Facility Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pre Export Finance Facility Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pre Export Finance Facility Agreement (Canuelas Mill S.A.C.I.F.I.A.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges and accepts that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (a) the application exercise of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Party that is an EEA Financial InstitutionPowers; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 cancellation of any such liability and (c) a variation of the terms of such liability in connection with any Loan Document to the exercise of the writeextent necessary to give effect to any Write-down Down and conversion powers of any EEA Resolution AuthorityConversion Powers.
Appears in 3 contracts
Samples: Credit Agreement (Allison Transmission Holdings Inc), Credit Agreement (Allison Transmission Holdings Inc), Credit Agreement (Atotech LTD)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or Issuing Bank that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or Issuing Bank that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or Issuing Bank that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Incremental Assumption Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Bank or any Issuing Bank that is an EEA Financial Institution is a party to this Credit Agreement and notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Bank or any Issuing Bank that is an EEA Financial InstitutionInstitution arising under any Credit Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Bank or any Issuing Bank that is an EEA Financial Institution; , and (b) the effects of any Bail-in In Action on any such liability, including 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 Credit Agreement or any Loan other Credit Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.. * * * * * * * * * *
Appears in 2 contracts
Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Abl Credit Agreement (Chewy, Inc.), Abl Credit Agreement (Chewy, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionCredit Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan 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.
Appears in 2 contracts
Samples: Letter of Credit Agreement (McDermott International Inc), Letter of Credit Agreement (McDermott International Inc)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Public Service Co of New Hampshire)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any applicable Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in In Action on any such liability, including 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 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (Wayfair Inc.), Credit Agreement (Wayfair Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.. 110
Appears in 2 contracts
Samples: Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Cross Country Healthcare Inc)
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 the parties, each party hereto (including each Secured Party) acknowledges that that, with respect to any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial Institution, any liability of such Lender arising under a Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, and each party hereto 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 under any Loan Documents liability which may be payable to it by any Secured Party that is an EEA Financial Institutionsuch Lender; and (b) the effects of any Bail-in Action on any such liability, including (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 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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeany Write-down Down and conversion powers of any EEA Resolution AuthorityConversion Powers.
Appears in 2 contracts
Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Titan Machinery Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary herein or in any Loan Other Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionInstitution arising hereunder or under any Other Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Other Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Loan and Security Agreement (Forbes Energy Services Ltd.), Loan and Security Agreement (Forbes Energy Services Ltd.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Qorvo, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Document Operative Agreement or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Lessor Party that is an EEA Financial InstitutionInstitution arising under any Operative Agreement, to the extent such liability is unsecured, may be subject to the write-down write‑down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (a) the application of any Write-Down Write‑Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Lessor Party that is an EEA Financial Institution; and (b) the effects of any Bail-in Bail‑In Action on any such liability, including 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 Loan Documentother Operative Agreement; or (iii) the variation of the terms of such liability in connection with the exercise of the write-down write‑down and conversion powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Participation Agreement (Big Lots Inc), Participation Agreement (Big Lots Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in Action on any such liability, including 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 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; 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.”
Appears in 2 contracts
Samples: Credit Agreement (MACOM Technology Solutions Holdings, Inc.), Credit Agreement (MACOM Technology Solutions Holdings, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents 176 hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.)
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in Bail- In Action on any such liability, including (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 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 any Loan Document; , or (iii) the the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA the applicable Resolution Authority.
Appears in 2 contracts
Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including (i) including, if applicable: 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Four Corners Property Trust, Inc.), Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or any L/C Issuer that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or any L/C Issuer that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or any L/C Issuer that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; , or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (Perkinelmer Inc), Credit Agreement (Ansys Inc)
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 of the partiesfollowing Persons, Borrower, each party hereto (including each Secured Party) acknowledges Borrower Related Party and Lender acknowledge that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (ai) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (bii) the effects of any Bail-in Action on any such liability, including including, if applicable (iA) a reduction in full or in part or cancellation of any such liability; (iiB) 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 Loan Document; or and/or (iiiC) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionCredit Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; , and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; 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.
Appears in 2 contracts
Samples: Credit Agreement (Evolent Health, Inc.), Credit Agreement (Evolent Health, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan any Credit Document of any Secured Party that is an EEA Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in In Action on any such liability, including 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 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 Loan other Credit Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (Fintech Acquisition Corp. II)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Revolving Credit Agreement and Waiver (Ruby Tuesday Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (CommScope Holding Company, Inc.), First Lien Credit Agreement (Pivotal Acquisition Corp)
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 arrangement, or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 that 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 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 EEA Resolution Authority.
Appears in 2 contracts
Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (AgileThought, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down write‑down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (a) the application of any Write-Down Write‑Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; , and (b) the effects of any Bail-in Bail‑in Action on any such liability, including 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 Loan Document; , or (iii) the variation of the terms of such liability in connection with the exercise of the write-down write‑down and conversion powers of any EEA Resolution Authority.
Appears in 1 contract
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party that is an EEA Financial Institution, 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, (ai) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Party that is an EEA Financial Institution; and (bii) the effects of any Bail-in Action on any such liability, including (iA) a reduction in full or in part or cancellation of any such liability; (iiB) 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 any Loan Document; or (iiiC) 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.
Appears in 1 contract
Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any Affected Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA the applicable Resolution Authority, 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 the applicable Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Affected Financial Institution; , and (b) the effects of any Bail-in In Action on any such liability, including 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 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 writeWrite-down and conversion powers Down And Conversion Powers of any EEA the applicable Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (Tucows Inc /Pa/)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 102 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 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 EEA Resolution Authority.. 103
Appears in 1 contract
Samples: Credit Agreement (Dermira, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including (i) including, if applicable: 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 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 writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (Griffon Corp)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; , and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 1 contract
Samples: Revolving Loan Agreement (Kb Home)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial Institution, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority. SECTION 9.22.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (Intuit Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (SPX Corp)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or the L/C Issuer that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or the L/C Issuer that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or the L/C Issuer that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or the L/C Issuer that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or the L/C Issuer that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or the L/C Issuer that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (GENTHERM Inc)
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 the parties, each party hereto (including each Secured Party) acknowledges that that, with respect to any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial Institution, any liability of such Lender arising under a Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, and each party hereto 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 under any Loan Documents liability which may be payable to it by any Secured Party that is an EEA Financial Institutionsuch Lender; and (b) the effects of any Bail-in Action on any such liability, including (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 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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeany Write-down Down and conversion powers of any EEA Resolution Authority.Conversion Powers. 17.15
Appears in 1 contract
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 the partiesparties hereto, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or Issuing Bank that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or Issuing Bank party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.[[3851767]]
Appears in 1 contract
Samples: Credit Agreement (Westinghouse Air Brake Technologies Corp)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including (i) including, if applicable: 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.. GUARANTY
Appears in 1 contract
Samples: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; 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.
Appears in 1 contract
Samples: Credit Agreement (Mavenir Private Holdings II Ltd.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding Solely to the extent any Lender or any Issuing Bank that is an EEA Financial Institution is a party to this Agreement, and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender or any Issuing Bank that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender or any Issuing Bank that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of that, with respect to any Secured Party that is an EEA Financial Institution, any liability of such Secured Party arising under a Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, and each party hereto 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 under any Loan Documents liability which may be payable to it by any such Secured Party that is an EEA Financial InstitutionParty; and (b) the effects of any Bail-in Action on any such liability, including (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 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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeany Write-down Down and conversion powers of any EEA Resolution AuthorityConversion Powers.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Inari Medical, Inc.)
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including (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 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 any 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 EEA the applicable Resolution Authority..
Appears in 1 contract
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 the theany such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party PartyLender that is an EEA EEAAffected Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 EEA EEAthe applicable Resolution Authority to any such liabilities arising under any Loan Documents Documentshereunder which may be payable to it by any Secured Party PartyLender that is an EEA EEAAffected Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 EEAAffected 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 any EEA EEAthe applicable Resolution Authority.
Appears in 1 contract
Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; Institution and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; 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.. 155
Appears in 1 contract
Samples: Credit Agreement (Affinity Gaming)
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 the parties, each party hereto (including each Secured Partymember of the Lender Group and each Bank Product Provider) acknowledges that any liability arising under a Loan Document of any Secured Party member of Lender Group or Bank Product Provider that is an EEA Financial Institution, 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 under any Loan Documents which may be payable to it by any Secured Party member of the Lender Group or any Bank Product Provider that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (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 any 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 EEA Resolution Authority.
Appears in 1 contract
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 the partiesparties hereto, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.. [Signature Pages Follow] - 83 - Active.28128860.17
Appears in 1 contract
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. (a) Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among the partiesparties hereto, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (ai) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (bii) the effects of any Bail-in Action on any such liability, including including, if applicable: (iA) a reduction in full or in part or cancellation of any such liability; (iiB) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA 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 (iiiC) 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.. 11.20
Appears in 1 contract
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 arrangement, or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 that 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 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 EEA Resolution Authority.. 134
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (i) including, if applicable: 267. a reduction in full or in part or cancellation of any such liability; (ii) 268. 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 Loan Document; or (iii) 269. 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.
Appears in 1 contract
Samples: Assignment and Assumption (Project Angel Parent, LLC)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 1 contract
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party that is an EEA Financial Institution, 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 under any Loan Documents which may be payable to it by any Secured Party that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of that, with respect to any Secured Party that is an EEA Financial Institution, any liability of such Secured Party arising under a Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, and each party hereto 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 under any Loan Documents liability which may be payable to it by any such Secured Party that is an EEA Financial InstitutionParty; and (b) the effects of any Bail-in In Action on any such liability, including (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 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 any Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeany Write-down Down and conversion powers of any EEA Resolution AuthorityConversion Powers.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; , and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority. [Remainder of this page left intentionally blank.]
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 EEA Resolution Authority.. Section 12.20
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Lilis Energy, Inc.)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (SPX Corp)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.” The amendments made to the Credit Agreement in subclauses (a) through (f) of this Section 1 shall be referred to herein as the “Part A Amendments”.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Security Agreement (Matson, Inc.)
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party that is an EEA Financial Institution, 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 160 liabilities arising under any Loan Documents which may be payable to it by any Secured Party that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (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 any 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 EEA Resolution Authority.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (a) the application of 151 any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 1 contract
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Note Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Purchaser that is an EEA Financial InstitutionInstitution arising under any Note Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Purchaser that is 107 an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan other Note 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.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an 117 EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Bank or any Issuing Bank that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Bank or any Issuing Bank that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; , or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Global Revolving Credit Agreement (Ryder System Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (a) the application of any Write-Write- Exhibit 10.50 Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (Intuit Inc)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Transaction Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionTransaction Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 Loan other Transaction 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.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Kapstone Paper & Packaging Corp)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any applicable Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 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 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 EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (GrubHub Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Section 9.26 Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionCredit Document, to the extent such liability is unsecured, may be subject to the writeWrite-down Down and conversion powers Conversion Powers of an EEA Resolution Authority, 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 any(a) such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (iincluding, if applicable:(b) a reduction in full or in part or cancellation of any such liability; (iiliability;(i) a conversion of all, or a portion of, such liability into shares or other instruments of of(ii) 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 Loan other Credit Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writethe(iii) Write-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Transaction Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan Document of any Secured Party that is an EEA Financial InstitutionTransaction Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan other Transaction 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.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 EEA Resolution Authority.. 187 [Remainder of page intentionally left blank; signatures begin on following page]
Appears in 1 contract
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 the parties, each party hereto (including each Secured Credit Party) acknowledges that any liability arising under a Loan Document of any Secured Credit Party that is an EEA Affected Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA 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 an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents which may be payable to it by any Secured Credit Party that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including (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 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 any 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 EEA the applicable Resolution Authority. 105 [Signature pages follow.]
Appears in 1 contract
Samples: Loan and Guarantee Agreement (Hawaiian Holdings Inc)
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 195 other instruments of ownership in such EEA 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 EEA Resolution Authority.
Appears in 1 contract
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 the any such parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party Lender that is an EEA Affected Financial InstitutionInstitution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA the applicable Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, : (a) the application of any Write-Down and Conversion 128 Powers by an EEA the applicable Resolution Authority to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party Lender that is an EEA Affected Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 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 any EEA the applicable Resolution Authority.
Appears in 1 contract
Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.)
Acknowledgement and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Credit Document or in any other agreement, arrangement or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a Loan any Credit Document of any Secured Party that is an EEA Financial Institution, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, 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 under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in In Action on any such liability, including 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 Loan other Credit Document; or (iii) the variation of the terms of such liability in connection with the exercise of the writeWrite-down Down and conversion powers Conversion Powers of any EEA Resolution Authority.
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
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 the parties, each party hereto (including each Secured Party) acknowledges that any liability arising under a Loan Document of any Secured Party that is an EEA Financial Institution, to the extent such liability is unsecured, may be subject to the write-down 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 under any Loan Documents which may be payable to it by any Secured Party that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including (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 any 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 EEA Resolution Authority.
Appears in 1 contract
Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)
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 arrangement, or understanding among the any such parties, each party hereto (including each Secured Party) acknowledges that any liability of any EEA Financial Institution arising under a any Loan Document of any Secured Party that is an EEA Financial InstitutionDocument, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority, Authority and agrees and consents to, and acknowledges and agrees to be bound by, by (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority 100 to any such liabilities arising under any Loan Documents hereunder which may be payable to it by any Secured Party party hereto that is an EEA Financial Institution; and (b) the effects of any Bail-in Action on any such liability, including 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 that 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 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 EEA Resolution Authority.
Appears in 1 contract
