Untitled - Irish Stock Exchange

quarter for which financial statements are available as adjusted to give effect to any capital contributions and
distributions that occurred after such fiscal quarter.
"Fund Investments" means all Cash, Cash Equivalents, Bank Loans, Securities and Structured Product
Transactions owned by the Issuer. Fund Investments which the Issuer has contracted to purchase shall not be
deemed for purposes of the Credit Agreement and the Indenture to be owned by the Issuer until settlement of such
purchase and Fund Investments which the Issuer has contracted to sell shall not cease to be Fund Investments for
purposes of the Credit Agreement and the Indenture until settlement of such sale.
"Hedging and Short Sale Transaction" means any transaction entered into by the Issuer or a Hedging
SPE with a counterparty that is (i) a Swap Transaction; (ii) a Currency Hedging Transaction; (iii) an Interest Rate
Hedging Transaction; (iv) a transaction under which the Issuer or such Hedging SPE borrows a Bank Loan or
Security and sells or otherwise disposes of such or any substantially similar Bank Loan or Security prior to the date
on which the same must be returned to the lender thereof (and commonly known as a "short sale"), (v) a Securities
Lending Transaction; (vi) a credit derivative transaction or repurchase agreement; (vii) an obligation to enter into
any of the foregoing; or (viii) any combination of any of the foregoing.
"Hedging SPEs" means any entities which are subsidiaries of the Issuer and organized for the purpose of (i)
holding and acquiring investments similar to Fund Investments, (ii) incurring indebtedness on a secured or
unsecured basis, (iii) entering into Hedging and Short Sale Transactions and (iv) any other activity incidental,
necessary, ancillary or appropriate to the foregoing and which have provisions for bankruptcy-remote special
purpose entities in their organizational documents.
"High Yield Securities" means debt Securities (including convertible debt securities), Preferred Stock,
other debt obligations, and other senior equity investments, in each case, (a) issued by public or private issuers, (b)
issued pursuant to an effective registration statement or pursuant to Rule 144A under the Securities Act (or any
successor provision thereunder), and (c) that are not Cash Equivalents, Bank Loans, Mezzanine Investments or CDO
Securities.
"Holder" means, at any date, with respect to any outstanding Rated Note, the record holder of such Rated
Note as reflected in the Note Register; and "Holders" means the record holders of all Rated Notes then outstanding.
"Illiquid Investments" means (a) all Unquoted Investments that do not qualify as Semi-Liquid Investments;
(b) any Unquoted Investments (other than Bank Loans) that are subject to any enforceable agreement containing a
material condition to, or material restriction on, the ability of the holder of such Unquoted Investment or an assignee
of such holder to sell, assign, transfer or otherwise liquidate the obligation in a commercially reasonable time and
manner (other than in any agreement contained in the Collateral Documents and customary securities law
arrangement or restrictions); (c) CDO Debt Securities that are not rated "Baa3" or better by Moody's; (d) CDO
Equity Securities; (e) Private Equity Securities; (f) Bank Loan Participations (other than (x) Bank Loan
Participations that qualify as Semi-Liquid Investments and (y) Bank Loan Participations which may be converted
into a Bank Loan assignment at the option of the Issuer) and (g) Asset-Backed Securities that are not rated "Ba3" or
better by Moody's.
"Industry" means any industry category listed in Schedule 7 to the Credit Agreement or any other such
industry category designated by the Issuer in writing and approved by the Administrative Agent (so long as the
Credit Agreement is in effect), Moody's in their reasonable discretion.
"Interest Rate Hedging Transaction" means (i) any Swap Transaction entered into by the Issuer with an
Eligible Counterparty intended to protect the Issuer against increases of the floating rate of interest payable on all or
a portion of any Debt or other obligation of the Issuer or its subsidiaries or on any Fund Investment or to protect
against a risk in the fluctuation of interest rates, (ii) any Swap Transaction entered into by the Issuer or repurchase
agreement, in each case with an Eligible Counterparty, intended to protect against a risk in the fluctuation of the
market value of certain Collateral from the fluctuation of interest rates or (iii) a Swap Transaction entered into by the
Issuer intended to protect against a risk in the fluctuation of the market value of certain Collateral from the
fluctuation of interest rates and pursuant to which the Issuer has no on-going payment obligations.
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