Common use of Notice of Write-Down Clause in Contracts

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. (b) Any failure or delay by the Company to provide a Write-Down Notice upon the occurrence of a Non-Viability Event shall not change or delay the effect of the occurrence of such Non-Viability Event on the Write-Down taking place on the Write-Down Date under the Securities, nor give Holders of the Securities any rights as a result of such failure or delay.

Appears in 1 contract

Sources: Subordinated Indenture (Nomura Holdings Inc)

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

Appears in 1 contract

Sources: Fixed Term Subordinated Indenture (Mitsubishi Ufj Financial Group Inc)