ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Further Advances<br />
The Seller may make Further Advances to Borrowers, the beneficial title of which may be purchased by<br />
the Issuer. Prior to the funding and purchase of such Further Advances, the Special Servicer (on behalf<br />
of the Issuer) will apply the Oakwood Lending Criteria and ensure the satisfaction of, inter alia, the<br />
following conditions prior to such purchase:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
(j)<br />
(k)<br />
(l)<br />
immediately prior to the making of any Further Advance, the relevant Borrower is not in<br />
material breach of any of the conditions of the relevant Borrower's existing Mortgage Loan and<br />
the relevant Borrower has no Arrears Balance;<br />
the provisions of the CCA and the UTCCR have been complied with to the extent they are in<br />
force and apply to such Further Advance;<br />
the amount of such Further Advance (together with all other Further Advances made on that<br />
day) does not exceed an amount calculated by the Special Servicer equal to the aggregate of the<br />
amounts standing to the credit of the Further Advances Ledger and the Available Capital Funds;<br />
prior to making the Further Advance no second mortgage or charge has been created over the<br />
relevant Property unless such second mortgage or charge has been expressly postponed by deed<br />
to the Mortgage securing such Further Advance or unless the loan secured by such second<br />
charge is to be, and is, redeemed out of the proceeds of the Further Advance simultaneously<br />
with the making of the Further Advance;<br />
the aggregate amount of (i) such Further Advance when added to the amount of all previous<br />
Further Advances (including those agreed but not disbursed) and (ii) all previous Ported<br />
Mortgage Loans Advances in excess of the related aggregate principal balance of the initial<br />
Mortgage Loans which have been redeemed (the "Ported Mortgage Loans Excess") do not<br />
exceed 10 per cent. of the aggregate outstanding principal balance of the Mortgage Loans as at<br />
the Issue Date and provided that the then current ratings of the Notes would not be adversely<br />
affected by the making of such Further Advance;<br />
all conditions set out in the applicable Special Servicer Agreement relating to Further Advances<br />
have been satisfied;<br />
there is no negative balance on the Principal Ledger or the Further Advances Ledger;<br />
the Oakwood Lending Criteria applicable at the date of purchase of such Further Advance are<br />
applied to the Further Advance and to the circumstances of the Borrower at the time the Further<br />
Advance is requested;<br />
no Enforcement Notice has been given by the Trustee which remains in effect;<br />
the total balance of all Mortgage Loans in the Mortgage Pool which are (i) more than 90 days in<br />
arrears and (ii) in repossession does not together exceed 20 per cent. of the total balance of all<br />
the Mortgage Loans in the Mortgage Pool as at the previous Calculation Date, provided that the<br />
then current ratings of the Notes would not be adversely affected by such purchase;<br />
there has been no material breach by the Seller in the last 24 months of any obligation on its<br />
part to repurchase any Mortgage Loan in accordance with the Mortgage Sale Agreement;<br />
there is no breach of the Warranties in the Mortgage Sale Agreement;