Common use of Write-Down and Conversion Powers Clause in Contracts

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) Shares, other securities or other obligations of SIMNA Limited or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 7 contracts

Sources: Sub Subadvisory Agreement (Guardian Variable Products Trust), Sub Subadvisory Agreement (Hartford Mutual Funds Ii Inc), Sub Advisory Agreement (Hartford Mutual Funds Inc/Ct)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The the terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) Sharesshares, other securities or other obligations of SIMNA Limited or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 6 contracts

Sources: Sub Advisory Agreement (Sunamerica Series Trust), Sub Advisory Agreement (Seasons Series Trust), Sub Advisory Agreement (Seasons Series Trust)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited Sub-Subadviser arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited Sub-Subadviser or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (ca) The terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (db) Shares, other securities or other obligations of SIMNA Limited Sub-Subadviser or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 2 contracts

Sources: Investment Sub Subadvisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Subadvisory Agreement (Fidelity Rutland Square Trust II)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited Sub-Adviser arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. (i) any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii. ) any cancellation of any such liability; and (iii. ) any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited Sub-Adviser or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) Shares, other securities or other obligations of SIMNA Limited Sub-Adviser or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 1 contract

Sources: Sub Sub Advisory Agreement (Capitol Series Trust)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The the terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) Sharesshares, other securities or other obligations of SIMNA Limited or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:.

Appears in 1 contract

Sources: Sub Sub Advisory Agreement (Harbor Funds II)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) a. any liability of SIMNA Limited the Sub-Subadvisor arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) b. Each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited the Sub-Subadvisor or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) c. The terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) d. Shares, other securities or other obligations of SIMNA Limited the Sub-Subadvisor or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 1 contract

Sources: Sub Sub Advisory Agreement (Mercer Funds)

Write-Down and Conversion Powers. Each party to this Agreement Contract acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement Contract or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited Sub-Adviser arising under or in connection with this Agreement Contract may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each party to this Agreement Contract will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. (i) any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; (ii. ) any cancellation of any such liability; and (iii. ) any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited Sub-Adviser or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The terms of this Agreement Contract and the rights of each party to this Agreement Contract hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement Contract will be bound by any such variation; and (d) Shares, other securities or other obligations of SIMNA Limited Sub-Adviser or any other person may be issued to or conferred on a party to this Agreement Contract as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 1 contract

Sources: Sub Advisory Agreement (GuideStone Funds)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited arising under or in connection with this Agreement may be subject to the exercise of Write-down and Conversion Powers by the Resolution Authority; (b) Each party to this Agreement will be bound by the effect of any application of any Write-Write- down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-Write- down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) Shares, other securities or other obligations of SIMNA Limited or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 1 contract

Sources: Sub Subadvisory Agreement (Lincoln Variable Insurance Products Trust)

Write-Down and Conversion Powers. Each party to this Agreement acknowledges, accepts and agrees that, notwithstanding any other provision of this Agreement or any other agreement, arrangement or understanding between the parties: (a) any liability of SIMNA Limited Subadviser arising under or in connection with this Agreement may be subject to the exercise of Write-Write- down and Conversion Powers by the Resolution Authority; (b) Each party to this Agreement will be bound by the effect of any application of any Write-down and Conversion Powers in relation to any such liability and in particular (but without limitation) by: i. any reduction in the outstanding amount due (including any accrued but unpaid interest) in respect of any such liability; ii. any cancellation of any such liability; and iii. any conversion of all or part of such liability into shares, other securities or other obligations of SIMNA Limited Subadviser or any other person that may result from any exercise of any Write-down and Conversion Powers in relation to any such liability; (c) The terms of this Agreement and the rights of each party to this Agreement hereunder are subject to and may be varied, to the extent necessary, to give effect to any exercise of any Write-down and Conversion Powers in relation to any such liability and each party to this Agreement will be bound by any such variation; and (d) Shares, other securities or other obligations of SIMNA Limited Subadviser or any other person may be issued to or conferred on a party to this Agreement as a result of any exercise of any Write-down and Conversion Powers in relation to any such liability. For purposes of this section:

Appears in 1 contract

Sources: Subadvisory Agreement (Schroder Series Trust)