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OFFERING CIRCULAR SUPPLEMENT CLARIS LIMITED as Issuer ...

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Portfolio Administrator:<br />

Potential ABS Failure to Pay:<br />

Publicly Available Information:<br />

The Bank of New York or any successor thereto.<br />

Any event which would, but for the application of any Grace<br />

Period or any condition precedent to the commencement of<br />

any Grace Period applicable to such ABS Reference<br />

Obligation(s) or any grace period <strong>as</strong> described in the l<strong>as</strong>t<br />

paragraph of the definition of ABS Failure to Pay Interest,<br />

constitute an ABS Failure to Pay Interest or an ABS Failure to<br />

Pay Principal, the occurrence of which h<strong>as</strong> been notified in<br />

writing by the Protection Buyer to the Protection Seller on or<br />

prior to the Latest Determination Time.<br />

Any information that re<strong>as</strong>onably confirms any of the facts<br />

relevant to the determination that the Credit Event described in<br />

a Credit Event Notice h<strong>as</strong> occurred and (in the c<strong>as</strong>e of an ABS<br />

Notional Writedown only) is accompanied by a certificate<br />

signed by a senior risk officer of the risk management<br />

department of the Protection Buyer and that (a) h<strong>as</strong> been<br />

published in not less than two internationally recognised<br />

published or electronically displayed news sources (it being<br />

understood that, without limitation, each of Bloomberg<br />

Service, Dow Jones Telerate Service, Reuter Monitor Money<br />

Rates Services, Dow Jones News Wire, Wall Street Journal,<br />

New York Times, Nihon Keizai Shinbun, Asahi Shinbun,<br />

Yomiuri Shinbun, Financial Times, La Tribune, Les Echos and<br />

The Australian Financial Review (and successor publications),<br />

the main source(s) of business news in the country in which<br />

the Reference Entity is organised, any other internationally<br />

recognised published or electronically displayed new sources<br />

and any widely read and generally recognised reputable<br />

structured finance industry publications and trustee reports of<br />

the relevant Obligations, shall be deemed to be an<br />

internationally recognised published or electronically<br />

displayed news source), regardless of whether the reader or<br />

user thereof pays a fee to obtain such information, provided<br />

that, if either of the parties or any of their respective Affiliates<br />

is cited <strong>as</strong> the sole source of such information, then such<br />

information shall not be deemed to be Publicly Available<br />

Information unless such party or its Affiliate is acting in its<br />

capacity <strong>as</strong> trustee, fiscal agent, administrative agent, clearing<br />

agent, or paying agent for an Obligation, or (b) is information<br />

received from or published by (i) an ABS Reference Entity,<br />

(ii) a trustee, fiscal agent, administrative agent, clearing agent,<br />

calculation agent or paying agent for an Obligation, or an<br />

entity independent from the Calculation Agent that w<strong>as</strong> a party<br />

to the offering or distribution of that Obligation or is a party to<br />

any agreement relating to the relevant Obligation, (iii)<br />

Euroclear, Clearstream, Luxembourg or any clearing system in<br />

respect of which the affected Obligation is held or (iv) any<br />

internationally recognised stock exchange on which the<br />

affected ABS Reference Obligations are listed or (c) is<br />

information contained in any order, decree, notice or filing,<br />

however described, of or filed with a court, tribunal, exchange,<br />

regulatory authority or similar administrative, regulatory or<br />

judicial body. In relation to any information of the type<br />

59

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