Notice of Write-Up Clause Samples
A Notice of Write-Up clause establishes the requirement for formal notification when an employee's performance or conduct warrants disciplinary documentation. Typically, this clause outlines the process by which an employer must inform the employee in writing about the specific issue, the details of the incident, and any corrective actions expected. By mandating clear communication and documentation, the clause ensures transparency in disciplinary procedures and helps protect both parties by creating a record of the employer's actions and the employee's response.
Notice of Write-Up. As soon as practicable after the occurrence of a Write-Up Event, the Company shall endeavor to deliver a written notice (a “Write-Up Notice”) to the holders of the relevant series of Securities, the Trustee and the Paying Agent substantially in the form attached hereto as Exhibit E, confirming, among other things, its determination to effect a Write-Up, the relevant Write-Up Date, the relevant Write-Up Amount and the Current Principal Amount of the relevant series of Securities on the relevant Write-Up Date after giving effect to the relevant Write-Up, in respect of all of the relevant series of the Securities.
Notice of Write-Up. (a) If the Issuer determines to effect a Write-Up of Securities, as soon as practicable after such determination, the Issuer shall deliver a written notice to the Holders of the Securities, the Trustee and the Agents, substantially in the form attached hereto as Exhibit D (a “Write-Up Notice”), in accordance with the terms of this Perpetual Subordinated Indenture confirming, among other things, its determination to effect a Write-Up and with respect to the relevant series of Securities: the relevant Write-Up Date, the relevant Write-Up Amount and the Current Principal Amount of all of the relevant series of Securities on the relevant Write-Up Date after giving effect to the relevant Write-Up.
Notice of Write-Up. As soon as practicable following the occurrence of a Write-Up Event, the Company shall give written notice to DTC and the holders of the Securities via DTC (and send a copy to Trustee for informational purposes), in the form attached as Exhibit E hereto (the “Write-Up Notice”)
(a) stating that a Write-Up Event has occurred and a Write-Up will therefore take place on the Write-Up Date and (b) specifying the relevant Write-Up Date, the relevant Write-Up Amount and the Current Principal Amount of the relevant series of Securities on the relevant Write-Up Date after giving effect to the relevant Write-Up, in respect of the entire relevant series of the Securities. A “Write-Up Event” shall be deemed to occur if and when the Company determines, in its sole discretion and in accordance with the Applicable Banking Regulations and other applicable laws and regulations, to reinstate an amount of principal of the relevant series of Securities that was previously subject to a Going Concern Write-Down after the Company obtains prior confirmation from the FSA or any other relevant Japanese governmental organizations that its Consolidated Common Equity Tier 1 Capital Ratio will remain at a sufficiently high level after giving effect to the relevant Write-Up of the relevant series of Securities (together with the write-up of any Write-Up Instruments).