UK Bail-in Powers means the powers under the UK Bail-In Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability.
UK Bail-in Powers means the powers under the UK Bail-in Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability; and
UK Bail-in Powers means the powers under the UK Bail-In Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this Agreement and your acceptance shall represent a binding agreement among the Company and the several Underwriters. Very truly yours, Equinix, Inc. By: /s/Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Financial Officer [Signature Page to Equinix Underwriting Agreement] The foregoing Agreement is hereby confirmed and accepted as of the date specified in Schedule I hereto. BOFA SECURITIES, INC. By: /s/Happy Xxxxxxxx Name: Happy Xxxxxxxx Title: Managing Director XXXXXXX XXXXX & CO. LLC By: /s/Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President HSBC SECURITIES (USA) INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director MUFG SECURITIES AMERICAS INC. By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director BNP PARIBAS SECURITIES CORP. By: /s/X. Xxxxxxxx Xxxxxxxx Name: X. Xxxxxxxx Xxxxxxxx Title: Managing Director For themselves and the other several Underwriters named in Schedule II to the foregoing Agreement. [Signature Page to Equinix Underwriting Agreement] SCHEDULE I Underwriting Agreement dated March 31, 2022 Registration Statement No. 333-249763 Representatives: BNP Paribas Securities Corp., BofA Securities, Inc., Xxxxxxx Sachs & Co. LLC, HSBC Securities (USA) Inc. and MUFG Securities Americas Inc. Title, Purchase Price and Description of the Securities: Title: 3.900% Senior Notes due 2032 Principal amount: $1,200,000,000 Purchase price (include accrued interest or amortization, if any): 98.824% Sinking fund provisions: None
Examples of UK Bail-in Powers in a sentence
Notwithstanding and to the exclusion of any other term of this Agreement or any other agreements, arrangements or understanding between the parties hereto, the Company acknowledges and accepts that (i) a BRRD Liability arising under this Agreement may be subject to the exercise of Bail-in Powers by the Relevant Resolution Authority and (ii) a UK Bail-in Liability of a UK Bail-in Party arising under this Agreement may be subject to the exercise of UK Bail-in Powers by the relevant UK resolution authority.
More Definitions of UK Bail-in Powers
UK Bail-in Powers means the powers under the U.K. Bail-in Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person such liability, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of such liability.
UK Bail-in Powers means the powers under the UK Bail-In Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability. Where a resolution measure is taken in relation to any BRRD undertaking or any member of the same group as that BRRD undertaking and that BRRD undertaking or any member of the same group as that BRRD undertaking is a party to this Agreement or any Pricing Agreement (any such party to this Agreement or any Pricing Agreement being an “Affected Party”), each other party to this Agreement or any Pricing Agreement agrees that it shall only be entitled to exercise any termination right under this Agreement and/or any Pricing Agreement against the Affected Party to the extent that it would be entitled to do so under the Special Resolution Regime if this Agreement and/or the relevant Pricing Agreement were governed by the laws of any part of the United Kingdom.
UK Bail-in Powers means the powers under the UK Bail-in Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability; “UK Bail-in Liability” means a liability in respect of which the UK Bail-in Powers may be exercised. Please confirm that the foregoing correctly sets forth the agreement among the Company and the several Underwriters. CITIGROUP INC. By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Assistant Treasurer Confirmed as of the date first above mentioned on behalf of itself and the other several Underwriters named in Schedule I hereto. CITIGROUP GLOBAL MARKETS INC. as Representative of the several Underwriters By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Director Schedule I CITIGROUP INC. 2,300,000 Depositary Shares, Each Representing a 1/25th Interest in a Share of 3.875% Fixed Rate Reset Noncumulative Preferred Stock, Series X Underwriter Number of Depositary Shares Citigroup Global Markets Inc. 1,736,500 BofA Securities, Inc. 23,000 Deutsche Bank Securities Inc. 23,000 Scotia Capital (USA) Inc. 23,000 Xxxxx Fargo Securities, LLC 23,000 Barclays Capital Inc. 14,375 BMO Capital Markets Corp. 14,375 Capital One Securities, Inc. 14,375 Danske Markets Inc. 14,375 Xxxxxx Xxxxxxxx, LLC 14,375 X.X. Xxxxxx Securities LLC 14,375 MFR Securities, Inc. 14,375 Mizuho Securities USA LLC 14,375 nabSecurities, LLC 14,375 RBC Capital Markets, LLC 14,375 Xxxxxxx & Xxxx Investments Inc. 14,375 Xxxxxx X. Xxxxxxx & Company, Inc. 14,375 SG Americas Securities, LLC 14,375 SMBC Nikko Securities America, Inc. 14,375 TD Securities (USA) LLC 14,375 UBS Securities LLC 14,375 Academy Securities, Inc. 8,625 Bank of China Limited, London Branch 8,625 BBVA Securities Inc. 8,625 Xxxxxxx Capital Markets LLC 8,625 CastleOak Securities, L.P. 8,625 CIBC World Markets Corp. 8,625 Commonwealth Bank of Australia 8,625 Credit Suisse Securities (USA) LLC 8,625 Great Pacific Securities 8,625 ING Financial Markets LLC 8,625 Intesa Sanpaolo S.p.A. 8,625 Xxxxxxxxx LLC 8,625 KeyBanc Capital Markets...
UK Bail-in Powers means the powers under the UK Bail-in Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person such liability, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of such liability. “UK Bail-in Liability” means a liability in respect of which the relevant UK Bail-in Powers may be exercised.
UK Bail-in Powers means the powers under the UK Bail-in Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or an affiliate of a bank or investment firm to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability; and (iv) the term “UK Bail-in Party” means any Underwriter that is actually or potentially subject to UK Bail-in Powers. The Company and the Guarantor acknowledge and accept that this provision is exhaustive on the matters described herein to the exclusion of any other term of this Agreement or any other agreements, arrangements or understanding between the Underwriters, the Company and the Guarantor relating to the subject matter of this Agreement.
UK Bail-in Powers means the powers under the UK Bail-In Legislation to cancel, transfer or dilute shares issued by a person that is a bank or investment firm or affiliate of a bank or investment firm, to cancel, reduce, modify or change the form of a liability of such a person or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability. Where a resolution measure is taken in relation to any BRRD Undertaking, each other party to this Agreement:
UK Bail-in Powers means any write-down, conversion, transfer, modification or suspension power existing from time to time under any laws, regulations, rules or requirements relating to the resolution of banks, banking group companies, credit institutions and/or investment firms incorporated in the United Kingdom in effect and applicable in the United Kingdom to Lloyds Banking Group plc or its affiliates, including but not limited to any such laws, regulations, rules or requirements which are implemented, adopted or enacted in the United Kingdom within the context of the U.K. resolution regime under the U.K. Banking Act 2009 as the same has been or may be amended from time to time (whether pursuant to the U.K. Financial Services (Banking Rxxxxx) Xxx 0000 (the “Banking Reform Act 2013”), secondary legislation or otherwise), pursuant to which any obligations of a bank, banking group company, credit institution or investment firm or any of its affiliates can be reduced, cancelled, modified, transferred and/or converted into shares or other securities or obligations of the obligor or any other person (or suspended for a temporary period) or pursuant to which any right in a contract governing such obligations may be deemed to have been exercised. A reference to the “relevant U.K. resolution authority” is to any authority with the ability to exercise a U.K. bail-in power.