ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
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advance ranks in priority of payment and in point of security after the priority of the Mortgage Loan<br />
comprised in the Mortgage Pool.<br />
Conversion of Mortgages<br />
The Special Servicer may, on behalf of the Issuer, agree to any request by a Borrower for the<br />
conversion of a Mortgage Loan (such converted Mortgage Loan, a "Converted Mortgage Loan"),<br />
provided that such conversion is not on a temporary basis, the value of the Mortgage Loan would not<br />
be adversely affected by such conversion and, inter alia, the following relevant conditions are satisfied:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
(j)<br />
no Enforcement Notice has been given by the Trustee which remains in effect at the date of the<br />
relevant conversion;<br />
no Converted Mortgage Loan and no agreement to make any such conversion constitutes a<br />
regulated consumer credit agreement, as defined in the CCA, in whole or in part;<br />
the Converted Mortgage Loan will be on terms of the relevant standard documentation utilised<br />
at the time of such conversion by the Special Servicer, as the case may be, to document the<br />
terms of Mortgage Loans and which has not been varied in any material respect since the Issue<br />
Date;<br />
the Oakwood Lending Criteria, to the extent applicable, have been applied to the Converted<br />
Mortgage Loan;<br />
the effect of the conversion would not be to extend the final maturity date of such Mortgage<br />
Loan to beyond the date falling two years prior to the latest maturity date of any Mortgage Loan<br />
in the Mortgage Pool;<br />
the warranties contained in the Original Mortgage Sale Agreements and the Warranties<br />
contained in the Mortgage Sale Agreement, as appropriate, are, save as disclosed or otherwise<br />
provided in such mortgage sale agreement, correct in relation to the Converted Mortgage Loan<br />
upon conversion in accordance with the Special Servicer Agreement;<br />
the margin on the Mortgage Loan is not reduced;<br />
the inclusion of the Converted Mortgage Loan when aggregated with all other Converted<br />
Mortgage Loans in the Mortgage Pool over the past 12 months does not represent more than 5<br />
per cent. of the aggregate principal balance of the Mortgage Loans in the Mortgage Pool as at<br />
12 months prior to the purchase of such Converted Mortgage Loan, provided that the then<br />
current ratings of the Notes, would not be adversely affected by such change;<br />
following the conversion of a Mortgage Loan, the product of the WAFF and WALS for the<br />
Mortgage Pool after such purchase (and after all other purchases of Further Advances or the<br />
conversion of all Mortgage Loans to be made or converted or purchases of Ported Mortgage<br />
Loan Advances, as applicable, on such date) calculated in the same way as for the Completion<br />
Mortgage Pool (or as agreed by the Special Servicer and the Rating Agencies from time to time)<br />
would not exceed the product of the WAFF and WALS for the Mortgage Pool calculated on the<br />
immediately preceding Calculation Date, plus 0.15 per cent.;<br />
the Borrower is not in material breach of any of the terms and conditions of the existing<br />
Mortgage Loan to which the Converted Mortgage Loan will relate;