Mi pare proprio che la 243 non abbia la clausola di loss abs, se non erro è stata introdotta per la prima volta nel perpetuo Intesa del 2010.
Non ho subordinati francesi
C'è l'ha eccome (meno esplicita della 059). E ti dirò di più: un anno fa la interpretavo in maniera più benevola. Oggi credo che se mai dovesse verificarsi il Capital Deficiency Event, Bankitalia la farà applicare...
7. LOSS ABSORPTION
To the extent that the Guarantor at any time suffers losses (also considering profits and losses
relating to previous financial years) which would result in a Capital Deficiency Event, the obligations of
the Issuer relating to the principal amount of the Notes will be suspended to the extent necessary to
enable the Guarantor to continue to carry on its activities in accordance with applicable regulatory
requirements. In any such case, but always subject to the provisions set out in Condition 6.2 (Interest
suspension – Mandatory suspension of interest), interest will continue to accrue on the nominal
amount of the Notes. The obligations of the Issuer to make payments in respect of principal amount of
the Notes will be reinstated (in priority to any Junior Securities and on a pari passu basis with any
Parity Securities), as if such obligations of the Issuer had not been so suspended:
(a) in whole, in the event of winding up, dissolution, liquidation or bankruptcy of the Guarantor
and with effect immediately prior to the commencement of such winding up, dissolution,
liquidation or bankruptcy; and
(b) in whole, in the event of early redemption of the Notes pursuant to Conditions 8(b)
(Redemption and Purchase – Redemption at the option of the Issuer), 8(c) (Redemption and
Purchase – Redemption due to a Regulatory Event), 8(d) (Redemption and Purchase –
Redemption due to a Tax Deductibility Event) or 8(e) (Redemption due to an Additional
Amount Event); and
(c) in whole or in part, from time to time, to the extent that the Capital Deficiency Event is no
longer continuing.
The Issuer shall forthwith give notice of any such suspension and/or reinstatement to the Noteholders
in accordance with Condition 17 (Notices) below and such notice shall include a confirmation of the
Issuer’s entitlement to such suspension and/or reinstatement, together with details of the amounts to
be so suspended and/or reinstated.