Investire Oggi - perpetue_week_50_2010 - © onik
Investire Oggi - perpetue_week_50_2010 - © onik
Investire Oggi - perpetue_week_50_2010 - © onik
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interessata e dei bondholders subordinati.<br />
In estrema sintesi: Proposed subordinated liabilities orders provides that<br />
the Minister may make a proposed subordinated liabilities order<br />
relating to the subordinated debt of a relevant institution to which<br />
the Minister has provided or intends to provide financial support<br />
under the Credit Institutions (Financial Support) Act 2008 providing<br />
for one or more of a number of specified matters including the<br />
modification of rights as regards the payment of interest, the<br />
repayment of principal, events of default, the timing of obligations,<br />
etc. In addition, a proposed subordinated liabilities order may grant<br />
a shareholding in a relevant institution to some of the subordinated<br />
creditors affected.<br />
A proposed subordinated liabilities order may be made only where<br />
the Minister is of the opinion, having consulted with the Governor<br />
of the Central Bank, that making a subordinated liabilities order is<br />
necessary for preserving or restoring the financial position of the<br />
relevant institution with the consequence of affecting the rights of<br />
subordinated creditors. In making any such proposed subordinated<br />
liabilities order the Minister must have regard to such of a list of<br />
matters as the Minister considers appropriate. These matters include<br />
the amount of indebtedness of the relevant institution to its<br />
subordinated creditors relative to its assets, the extent and nature of<br />
financial support provided or to be provided to the relevant<br />
institution, the likely extent to which the subordinated creditors<br />
would be repaid amounts owing to them in a winding up of that<br />
institution in the absence of such financial support etc.<br />
Il Governo può emettere i seguenti orders:<br />
<strong>Investire</strong> <strong>Oggi</strong> - <strong>perpetue</strong>_<strong>week</strong>_<strong>50</strong>_<strong>2010</strong> - <strong>©</strong> <strong>onik</strong><br />
(a) the postponement, termination, suspension or other modification<br />
of specific rights, liabilities, terms and obligations<br />
associated with all or any of such subordinated liabilities<br />
including (without limiting the generality of the<br />
foregoing) any or all of the following rights, terms and<br />
obligations:<br />
(i) the payment of interest;<br />
(ii) the repayment of principal;<br />
(iii) what constitutes an event of default;<br />
(iv) collective action provisions;<br />
(v) the timing of obligations;<br />
(vi) the due date;<br />
(vii) the applicable law;<br />
(viii) the right to declare, specify or determine an event of<br />
default;<br />
(ix) any right to enforce payment, whether by winding-up<br />
or otherwise;<br />
(b) requiring the relevant institution to acquire those liabilities<br />
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