Enforcement Events and Remedies. With respect to the Additional Tier 1 Securities only, Section 5.01 of the Capital Securities Indenture shall be amended and restated in its entirety as follows in Section 4.01 hereof, Section 5.02 of the Capital Securities Indenture shall be amended and restated in its entirety as follows in 4.02 and 4.03 hereof, Section 5.03(a) of the Capital Securities Indenture shall be amended and restated in its entirety as follows in Section 4.04 hereof, Section 5.13 of the Capital Securities Indenture shall be amended and restated in its entirety as follows in Section 4.05 hereof, and references in the Capital Securities Indenture to such Sections shall be to such Sections as amended and restated in entirety by this First Supplemental Indenture. Section 5.10 of the Capital Securities Indenture shall apply to the Additional Tier 1 Securities subject to the limitations on remedies specified in this Article 4.
Enforcement Events and Remedies. (a) If a Winding-Up Event occurs, the principal amount of the Outstanding Securities, together with any accrued but unpaid interest thereon, shall become immediately due and payable, without the need of any further action on the part of the Trustee, the Holders or any other Person.
Enforcement Events and Remedies. With respect to the Securities only, Section 5.01 of the Base Indenture shall be amended and restated in its entirety as follows in Section 4.01 hereof, Section 5.02 of the Base Indenture shall be amended and restated in its entirety as follows in Sections 4.02 and 4.03 hereof, Section 5.03(a) of the Base Indenture shall be amended and restated in its entirety as follows in Section 4.04 hereof, Section 5.13 of the Base Indenture shall be amended and restated in its entirety as follows in Section 4.05 hereof, and references in the Base Indenture to such Sections shall be to such Sections as amended and restated in entirety by this Third Supplemental Indenture. Section 5.10 of the Base Indenture shall apply to the Securities subject to the limitations on remedies specified in this Article IV.
Enforcement Events and Remedies. SECTION 4.01 Winding-Up 43 SECTION 4.02 Non-Payment Event 43 SECTION 4.03 Limited Remedies for Breach of Obligations (Other than Non-Payment) 43 SECTION 4.04 No Other Remedies and Other Terms 44 SECTION 4.05 Waiver of Past Defaults 45 ARTICLE V
Enforcement Events and Remedies and Section 9.1 (Acts of Holders), shall be entitled and empowered to institute any suits, actions or other proceedings at law and in equity or otherwise for the collection of the sums due and unpaid in respect of the Notes, and may prosecute such claim or proceeding to judgment or final decree, and may enforce any such judgment or final decree and collect the monies adjudged or decreed to be payable in any manner provided by Applicable Law, whether before or after or during the pendency of any proceedings for the enforcement of any of the Trustee’s rights or the rights of the Holders under this Indenture, and such power of the Trustee shall not be affected by any sale hereunder or by the exercise of any other right, power or remedy for the enforcement of the provisions of this Indenture.
Enforcement Events and Remedies. There are no events of default under the Preferred Securities. In addition, under the terms of the Indenture none of the cancellation or deemed cancellation of any Distribution, a Trigger Event, a Capital Reduction or the exercise of the Spanish Bail-in Power or of any other resolution tool by the Relevant Spanish Resolution Authority, or BBVA’s failure to provide notice in respect of any of the aforementioned events, will be an Enforcement Event. The Preliminary Prospectus Supplement sets forth the definition of an “Enforcement Event”. The sole remedies of the holders of the Preferred Securities and the trustee under the Preferred Securities or the Indenture upon the occurrence of an Enforcement Event shall be: (i) with respect to a breach of a Performance Obligation, to seek enforcement of the relevant Performance Obligation; and (ii) with respect to a Liquidation Event, to enforce the entitlement set forth under “Certain Terms of the Preferred Securities—Liquidation Distribution” in the Preliminary Prospectus Supplement. No other remedies Other than the limited remedies mentioned above, no remedy against BBVA shall be available to the trustee (acting on behalf of the holders) or to the holders of the Preferred Securities. Refer to the Preliminary Prospectus Supplement for more details. Schedule II-8 Spanish Bail-in Power Acknowledgement By its acquisition of any Preferred Securities, each holder (which, for the purposes of the below, includes each holder of a beneficial interest in the Preferred Securities) acknowledges, accepts, consents to and agrees to be bound by: (i) the exercise and effects of the Spanish Bail-in Power by the Relevant Spanish Resolution Authority and (ii) the variation of the terms of the Preferred Securities, or the rights of the holders thereunder or under the Indenture, as deemed necessary by the Relevant Spanish Resolution Authority, to give effect to the exercise of the Spanish Bail-in Power by the Relevant Spanish Resolution Authority. See “Certain Terms of the Preferred Securities—Agreement and Acknowledgment with Respect to the Exercise of the Spanish Bail-in Power” in the Preliminary Prospectus Supplement. Settlement The Depository Trust Company and its participants, including Clearstream Banking, S.A. and Euroclear Bank SA/NV Listing BBVA intends to apply to list the Preferred Securities on the New York Stock Exchange and, if approved, trading is expected to commence within 30 days after the initial delivery of the Prefe...
Enforcement Events and Remedies. SECTION 4.01 Winding-Up 42 SECTION 4.02 Non-Payment Event 42 SECTION 4.03 Limited Remedies for Breach of Obligations (Other than Non-Payment 43 SECTION 4.04 No Other Remedies and Other Terms 43 SECTION 4.05 Waiver of Past Defaults 44 ARTICLE V SUBORDINATION SECTION 5.01 Securities Subordinate to Claims of Senior Creditors 44 SECTION 5.02 No Set-Off 46 ARTICLE VI ADDITIONAL AMOUNTS SECTION 6.01 Additional Amounts 47 ARTICLE VII MISCELLANEOUS PROVISIONS SECTION 7.01 Effectiveness 47 SECTION 7.02 Original Issue 47 SECTION 7.03 Ratification and Integral Part 47 SECTION 7.04 Priority 47 SECTION 7.05 Successors and Assigns 47 SECTION 7.06 Counterparts 48 SECTION 7.07 Governing Law 48 Page EXHIBIT A – Form of Global Note A-1 EXHIBIT B – Form of Automatic Conversion Notice B-1 EXHIBIT C – Form of Capital Adequacy Trigger Event Officers’ Certificate C-1 EXHIBIT D – Form of Conversion Shares Offer Notice D-1 EXHIBIT E – Form of Conversion Shares Settlement Request Notice E-1 FIFTH SUPPLEMENTAL INDENTURE, dated as of June 17, 2014 (the “Fifth Supplemental Indenture”) between BARCLAYS PLC, a public limited company registered in England and Wales (herein called the “Company”), having its registered office at 0 Xxxxxxxxx Xxxxx, London E14 5HP, United Kingdom, and THE BANK OF NEW YORK MELLON, LONDON BRANCH, a New York banking corporation, as Trustee (herein called the “Trustee”), having its Corporate Trust Office at Xxx Xxxxxx Xxxxxx, Xxxxxx X00 0XX, Xxxxxx Xxxxxxx, to the CONTINGENT CONVERTIBLE SECURITIES INDENTURE, dated as of November 20, 2013 between the Company and the Trustee, as amended from time to time (the “Base Indenture” and, together with this Fifth Supplemental Indenture, the “Indenture”).
Enforcement Events and Remedies. (a) A “Winding-Up Event”, whenever used herein with respect to a particular series of Senior Debt Securities shall result if (i) a court of competent jurisdiction in England (or such other jurisdiction in which the Company may be organized) makes an order for the Company’s winding-up which is not successfully appealed within thirty (30) days of the making of such order, (ii) the Company’s shareholders adopt an effective resolution for the Company’s winding-up (other than, in the case of either (i) or (ii) above, under or in connection with a scheme of reconstruction, merger or amalgamation not involving a bankruptcy or insolvency) or (iii) following the appointment of an administrator of the Company, the administrator gives notice that it intends to declare and distribute a dividend.
Enforcement Events and Remedies
