Applicable Supervisory Regulations definition
Examples of Applicable Supervisory Regulations in a sentence
Notwithstanding any other provision of this § 3, no substitute or successor rate or adjustment factor will be adopted, nor will any other amendment be made pursuant to § 3(3) if and to the extent that, in the determination of the Issuer, the same could reasonably be expected to prejudice the qualification of the Notes as Tier 2 capital (as defined in the Applicable Supervisory Regulations) for the purposes of the Applicable Supervisory Regulations.
Any repurchase of the Preference Shares by the Company or its subsidiaries occurring prior to November 30, 2029 shall be subject to BMA Approval (provided that, if under the Applicable Supervisory Regulations, BMA Approval is not required at the time in order for the Preference Shares to qualify or continue to qualify as Tier 2 capital securities under then-applicable Capital Adequacy Regulations imposed upon the Company by the BMA, such BMA Approval shall not be required).
Any redemption of the Preference Shares occurring prior to November 30, 2029 as provided for in Sections 7(a)(2), 7(a)(3), 7(a)(4) and 7(a)(5) shall be subject to BMA Approval (provided that, if under the Applicable Supervisory Regulations, BMA Approval is not required at the time in order for the Preference Shares to qualify or continue to qualify as Tier 2 capital securities under then-applicable Capital Adequacy Regulations imposed upon the Company by the BMA, such BMA Approval shall not be required).
Additionally, dividends on the Series B Preference Shares will not be declared, paid or set aside for payment if the Company is, or after giving effect to such act would be, in breach of the Insurance Act, the Companies Act, the Insurance (Eligible Capital) Rules 2012, the Group Solvency Standard, including the Enhanced Capital Requirement, or under such other Applicable Supervisory Regulations or other applicable laws, rules and regulations.
The Subordinated Notes shall exclude any other form of capital instrument which may be considered either “Tier 1-ancillary capital”, “Tier 1-basic capital”, “Tier-2 basic capital”, “Tier-3 basic capital” and “Tier 3-ancillary capital” as those terms are set out in the Applicable Supervisory Regulations (or, if the Applicable Supervisory Regulations do not refer to such terms, the nearest corresponding concepts (if any) under the Applicable Supervisory Regulations).