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Untitled - Irish Stock Exchange

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Rate.<br />

Rate.<br />

"Class D Advance Amount" means the Moody's Advance Amount calculated using the Class D Advance<br />

"Class E Advance Amount" means the Moody's Advance Amount calculated using the Class E Advance<br />

"Class B Over-Collateralization Test" has the meaning assigned to such term in Section 1 of this<br />

Appendix.<br />

"Class C Over-Collateralization Test" has the meaning assigned to such term in Section 1 of this<br />

Appendix.<br />

"Class D Over-Collateralization Test" has the meaning assigned to such term in Section 1 of this<br />

Appendix<br />

"Class E Over-Collateralization Test" has the meaning assigned to such term in Section 1 of this<br />

Appendix.<br />

"Class of Notes" means each of (i) the Class B Notes, (ii) the Class C Notes, (iii) the Class D Notes, and<br />

(iv) the Class E Notes.<br />

"Contributed Fund Capital" means, at any date, the aggregate gross amount of cash received by the<br />

Issuer from the sale of the Income Notes issued on the Closing Date (without regard to any other changes in Fund<br />

Equity).<br />

"Currency Hedging Transaction" means (i) any Swap Transaction entered into by the Issuer with an<br />

Eligible Counterparty intended to convert any payment on a Debt or other obligation of the Issuer or any Fund<br />

Investment denominated in one currency to another currency or to protect against a risk in the fluctuation of the<br />

exchange rate of a currency in which a payment to be made or received by the Issuer is denominated and (ii) any<br />

Swap Transaction entered into by the Issuer intended to convert any payment on a Debt or other obligation of the<br />

Issuer or any Fund Investment denominated in one currency to another currency or to protect against a risk in the<br />

fluctuation of the exchange rate of a currency in which a payment to be made or received by the Issuer is<br />

denominated and pursuant to which the Issuer has no on-going payment obligations.<br />

"Defensive Hedge Advance Amount" means, as of any date of determination, 98% of the aggregate<br />

Market Value of all Defensive Hedge Transactions; provided, however, that the Defensive Hedge Advance Amount<br />

shall in no event exceed an amount equal to (x) 20% of the Total Capitalization as of such date of determination less<br />

(y) the aggregate Market Value as of such date of determination of all Fund Investments in Bank Loan Participations<br />

and Structured Product Transactions.<br />

"Defensive Hedge Transaction" means a Hedging and Short Sale Transaction between the Issuer and an<br />

Eligible Counterparty intended to protect the Issuer against fluctuations in the market value of a Fund Investment<br />

and pursuant to which (i) the Eligible Counterparty has agreed for a period of time, at the direction of the Issuer, to<br />

(a) purchase the Fund Investment at an agreed strike price or (b) pay to the Issuer, at the Issuer's election, an amount<br />

by which an agreed strike price exceeds the current price of the Fund Investment; (ii) the Eligible Counterparty does<br />

not have recourse to the Collateral or the Issuer for any amounts owing to such counterparty thereunder; and (iii) the<br />

Issuer may (a) pay a fee to the Eligible Counterparty in connection with the transaction, (b) remove the Fund<br />

Investment from the Custodial Account (whereby it is no longer part of the Collateral) and pledge the Fund<br />

Investment to the Eligible Counterparty as security for its obligations to the Eligible Counterparty and (c) agree to<br />

deliver the Fund Investment to the Eligible Counterparty in satisfaction of all of its obligations to the Eligible<br />

Counterparty in connection with the transaction.<br />

"Designated Country" means (i) each of Canada, Great Britain, Australia, Denmark, New Zealand,<br />

Sweden, Switzerland, Luxembourg, The Netherlands and any G-7 nation (other than Japan) and (ii) each other<br />

171

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