Notice of Write-Down Clause Samples

Notice of Write-Down. (a) The Company shall endeavor, as soon as practicable after the occurrence of the Non-Viability Event or Bankruptcy Event, deliver a written notice to Holders and to the Trustee and the Agents (a “Write-Down and Cancellation Notice”) confirming, among other things, the occurrence of such Non-Viability Event or Bankruptcy Event and the Write-Down and Cancellation Date or the date of occurrence of the Bankruptcy Event, as applicable. (b) Any failure or delay by the Company to deliver a Write-Down and Cancellation Notice pursuant to this Section 13.06 will not change or delay the effect of the occurrence of a Non-Viability Event or Bankruptcy Event on the Write-Down and Cancellation taking place on the Write-Down and Cancellation Date or upon the occurrence of a Bankruptcy Event, as applicable, nor give Holders of the Securities any rights as a result of such failure or delay.

Notice of Write-Down. (a) The Issuer shall, on the date of or as soon as practicable after the occurrence of the Non-Viability Event, deliver a written notice to Holders and beneficial owners of a Security through DTC and to the Trustee and the Agents substantially in the form hereto attached as Exhibit A (a “Write-Down Notice”) confirming the occurrence of such Non-Viability Event and specifying the date on which the Write-Down of the Security shall become effective (the “Write-Down Date”), which date shall be determined by the Issuer in consultation with the FSA and any other applicable supervisory authorities and will be no less than one and no more than ten Business Days following the date of the Write-Down Notice. (b) Any failure or delay by the Issuer to deliver a Write-Down Notice pursuant to this Section 13.06 will not change or delay the effect of the occurrence of a Non-Viability Event on the Issuer’s payment and other obligations under the relevant Security.

Notice of Write-Down. (a) The Company shall endeavor, as soon as practicable after the occurrence of a Non-Viability Event, to deliver a written notice (a “Write-Down Notice”) to Holders and to the Trustee and the Paying Agent substantially in the form attached hereto as Exhibit B confirming, among other things, the occurrence of such Non-Viability Event and the Write-Down Date, as applicable.

Notice of Write-Down. (a) The Company will endeavor to, as soon as practicable after the occurrence of a Capital Ratio Event, deliver a written notice to Holders and to the Trustee and the Agents (a “Going Concern Write-Down Notice”) confirming, among other things, the occurrence of such Capital Ratio Event, the relevant Going Concern Write-Down Date, the relevant Going Concern Write-Down Amount and the Current Principal Amount of the Securities on the relevant Going Concern Write-Down Date after giving effect to the relevant Going Concern Write-Down, in respect of all of the relevant series of the Securities. (b) Any failure or delay by the Company to deliver a Going Concern Write-Down Notice pursuant to this Section 14.06 will not change or delay the effect of the occurrence of a Capital Ratio Event on a Going Concern Write-Down taking place on the Going Concern Write-Down Date under the relevant Security, nor give Holders of the Securities any rights as a result of such failure or delay.