Barclays 2009 Annual Report Download - page 234

232 Barclays PLC Annual Report 2009 www.barclays.com/annualreport09
Notes to the accounts
For the year ended 31st December 2009
continued
27 Subordinated liabilities continued
Barclays Bank PLC is not obliged to make a payment of interest on its Undated Notes and Loans excluding the 9.25% Perpetual Subordinated Bonds,
7.7% Undated Subordinated Notes and 8.25% Undated Subordinated Notes if, in the preceding six months, a dividend has not been declared or paid on
any class of shares of Barclays PLC or, in certain cases, any class of preference shares of the Bank. The Bank is not obliged to make a payment of interest on
its 9.25% Perpetual Subordinated Bonds if, in the immediately preceding 12 months’ interest period, a dividend has not been paid on any class of its share
capital. Interest not so paid becomes payable in each case if such a dividend is subsequently paid or in certain other circumstances. During the year, the
Bank declared and paid dividends on its ordinary shares and on all classes of preference shares.
No payment of principal or any interest may be made unless the Bank satisfies a specified solvency test.
The Bank may elect to defer any payment of interest on the 7.7% Undated Subordinated Notes and 8.25% Undated Subordinated Notes. Until such time
as any deferred interest has been paid in full, neither the Bank nor Barclays PLC may declare or pay a dividend, subject to certain exceptions, on any of its
ordinary shares, preference shares, or other share capital or satisfy any payments of interest or coupons on certain other junior obligations.
The Bank may elect to defer any payment of interest on the RCIs (b, c, e, m and n above). Any such deferred payment of interest must be paid on the earlier
of (i) the date of redemption of the RCIs, (ii) the coupon payment date falling on or nearest to the tenth anniversary of the date of deferral of such payment,
and (iii) in respect of e above only, substitution. Whilst such deferral is continuing, neither the Bank nor Barclays PLC may declare or pay a dividend, subject
to certain exceptions, on any of its ordinary shares or preference shares.
The Bank may elect to defer any payment of interest on the TONs if it determines that it is, or such payment would result in it being, in non-compliance with
capital adequacy requirements and policies of the FSA. Any such deferred payment of interest will only be payable on a redemption of the TONs. Until such
time as the Bank next makes a payment of interest on the TONs, neither the Bank nor Barclays PLC may (i) declare or pay a dividend, subject to certain
exceptions, on any of their respective ordinary shares or Preference Shares, or make payments of interest in respect of the Bank’s Reserve Capital Instruments
and (ii) certain restrictions on the redemption, purchase or reduction of their respective share capital and certain other securities also apply.
Repayment
Notes
p) These TONs are repayable, at the option of the Bank, in whole on any coupon payment date falling in or after June 2032.
q) These RCIs are repayable, at the option of the Bank, in whole on any coupon payment date falling in or after December 2036.
r) These RCIs are repayable, at the option of the Bank, in whole on any coupon payment date falling in or after December 2016.
s) These RCIs are repayable, at the option of the Bank, in whole on any coupon payment date falling in or after June 2019.
t) These Notes are repayable, at the option of the Bank, in whole or in part on any interest payment date.
u) These Notes are repayable, at the option of the Bank, in whole on any interest payment date.
v) These Bonds are repayable, at the option of the Bank, in whole in 2021, or on any fifth anniversary thereafter.
w) These Bonds are repayable, at the option of the Bank, in whole at any time.
x) These Notes are repayable, at the option of the Bank, in whole in 2020, or on any fifth anniversary thereafter.
y) These Notes are repayable, at the option of the Bank, in whole in 2015, or on any fifth anniversary thereafter.
z) These Notes are repayable, at the option of the Bank, in whole in 2017, or on any fifth anniversary thereafter.
aa) These Notes are repayable, at the option of the Bank, in whole in 2027, or on any fifth anniversary thereafter.
ab) These Loans are repayable, at the option of the Bank, in whole in 2028, or on any fifth anniversary thereafter.
ac) These RCIs are repayable, at the option of the Bank, in whole on any coupon payment date falling in or after December 2019.
ad) These RCIs are repayable, at the option of the Bank, in whole on any coupon payment date falling in or after December 2017.
ae) These Notes are repayable, at the option of the Bank, in whole on any interest payment date falling in or after December 2018.
af) These Notes are repayable, at the option of the Bank, in whole on any interest payment date falling in or after April 2018.
In addition, each issue of undated loan capital is repayable, at the option of the Bank, in whole for certain tax reasons, either at any time, or on an interest
payment date. There are no events of default except non-payment of principal or mandatory interest.
Any repayments require the prior notification to the FSA.
All issues of undated loan capital have been made in the eurocurrency market and/or under Rule 144A, and no issues have been registered under the
US Securities Act of 1933.