Status of the Senior Non-Preferred Notes. This Condition 3.2 is applicable in relation to Notes specified in the applicable Final Terms as being Senior Non-Preferred Notes. (a) The Notes are direct, unconditional, unsubordinated and unsecured obligations of the Bank and rank pari passu without any preference among themselves. (b) In the event of a Winding-Up, the rights and claims of the Noteholders to payments on or in respect of the Notes shall rank: (i) pari passu without any preference among themselves; (ii) pari passu with all other Senior Non-Preferred Liabilities of the Bank; (iii) in priority to payments to holders of all classes of share capital of the Bank in their capacity as such holders and any subordinated obligations or other securities of the Bank which rank, or are expressed to rank, junior to the Senior Non-Preferred Liabilities of the Bank (including, without limitation, any Additional Tier 1 Instruments and any Subordinated Notes); and (iv) junior in right of payment to the payment of any present or future claims of (a) depositors of the Bank and (b) other unsubordinated creditors of the Bank that are not creditors in respect of Senior Non-Preferred Liabilities of the Bank.
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Sources: Agency Agreement, Agency Agreement
Status of the Senior Non-Preferred Notes. This Condition 3.2 is applicable in relation applies only to Notes specified in the applicable Final Terms as being Senior Non-Preferred Notes and references to “Notes” and “Noteholders” in this Condition shall be construed accordingly.
(a) The Notes are direct, unconditional, unsubordinated and unsecured obligations of the Bank Issuer and rank pari passu without any preference among themselves.
(b) In the event of a Windingliquidation, dissolution or winding-Upup of, or analogous proceedings over the rights and Issuer by way of exercise of public authority, claims of the Noteholders to payments on or against the Issuer in respect of of, or arising under, the Notes (including any amounts attributable to the Notes and any damages awarded for breach of any obligations thereunder) shall rank:
(i) pari passu without any preference among themselves;
(ii) pari passu with all other Senior Non-Preferred Liabilities of the BankIssuer;
(iii) in priority to payments senior to holders of all classes of share capital of the Bank in their capacity as such holders Issuer and any subordinated obligations or other securities of the Bank Issuer which rank, or are expressed to rank, junior to the Senior Non-Preferred Liabilities of the Bank Issuer (including, without limitation, any Additional Tier 1 Instruments and any Subordinated Notes); and
(iv) junior in right of payment to the payment of any present or future claims of (a) depositors of the Bank Issuer and (b) other unsubordinated creditors of the Bank Issuer that are not creditors in respect of Senior Non-Non- Preferred Liabilities of the BankIssuer.
Appears in 1 contract
Sources: Agency Agreement