Deeply Subordinated Notes definition
Examples of Deeply Subordinated Notes in a sentence
For the purpose of any payments made in respect of this Temporary Global Note, the words “in the relevant place of presentation” shall not apply in the definition of “business day” in Condition 6(g) of the Terms and Conditions of the Senior Notes in the case of Senior Notes or Condition 6.4 of the Terms and Conditions of the Deeply Subordinated Notes in the case of Deeply Subordinated Notes.
For the purpose of any payments made in respect of this Permanent Global Note, the words “in the relevant place of presentation” shall not apply in the definition of “business day” in Condition 6(g) of the Terms and Conditions of the Senior Notes in the case of Senior Notes or Condition 6.4 of the Terms and Conditions of the Deeply Subordinated Notes in the case of Deeply Subordinated Notes.
See Condition 5 of the Undated Deeply Subordinated Notes (Interest and Interest Cancellation).
The potential reduction of the nominal amount will very likely negatively affect the market value of the Undated Deeply Subordinated Notes then outstanding and will increase the risk of capital loss under the investment in the Undated Deeply Subordinated Notes, either in whole or in part, considering that such reduced amount will only be reinstated in certain circumstances.
The Terms and Conditions of the Undated Deeply Subordinated Notes do not provide for events of default allowing acceleration of the Undated Deeply Subordinated Notes if certain events occur and the holders of Undated Deeply Subordinated Notes will not be entitled to initiate insolvency proceedings against BESI for failure of any payment under the Undated Deeply Subordinated Notes.
As part of the repurchases, the Company has undertaken to cancel the Deeply Subordinated Notes repurchases on the date of the repurchases and not to reissue or resell them.
The holders of Undated Deeply Subordinated Notes have no right to require redemption of the Undated Deeply Subordinated Notes, except if a judgment is issued for the insolvent judicial liquidation of BESI or if BESI is wound up for any other reason.
It is possible that in certain circumstances, external authorities may require BESI to suspend payments of interest in circumstances which are not covered by the Terms and Conditions of the Undated Deeply Subordinated Notes.
Accordingly, in certain circumstances and/or upon the occurrence of certain events, payments of interest under the Undated Deeply Subordinated Notes may be restricted and, in certain cases, forfeited and the amount of interest and the principal amount of the Undated Deeply Subordinated Notes may be reduced.
Status of the Undated Deeply Subordinated Notes: The Undated Deeply Subordinated Notes may be issued by BESI only.