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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(k)<br />
(l)<br />
(m)<br />
(n)<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 the<br />
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 change;<br />
following the conversion of a Mortgage Loan, the weighted average LTV of the Mortgage<br />
Loans in the Mortgage Pool would not exceed the weighted average LTV of the Mortgage<br />
Loans in the Mortgage Pool on the immediately preceding Calculation Date by more than 1 per<br />
cent;<br />
if the conversion of a Mortgage Loan relates to a change of the payment terms from repayment<br />
to interest only, the Borrower has not been in the 3 months prior to the conversion in arrears on<br />
payments due under the existing Mortgage Loan; and<br />
there is no debit balance on any Principal Deficiency Ledger.<br />
Ported Mortgage Loans<br />
The Seller may make advances to Borrowers in relation to the Ported Mortgage Loans (the "Ported<br />
Mortgage Loan Advances") and the Issuer may fund the Ported Mortgage Loan Advances (thereby<br />
acquiring the beneficial title of such Ported Mortgage Loans). Prior to the funding and purchase of<br />
such Ported Mortgage Loans, the Special Servicer (on behalf of the Issuer), acting as a prudent<br />
residential mortgage lender and in accordance with the Oakwood Lending Criteria, the relevant<br />
Mortgage Conditions and the conditions set out below, may agree to any request by the Seller to the<br />
making of a Ported Mortgage Loan to a Borrower. Further, it will waive or refund any Ported<br />
Mortgage Early Repayment Charge incurred by a Borrower in connection with the making of such<br />
Ported Mortgage Loan in accordance with the Mortgage Conditions.<br />
If the Special Servicer agrees to the Issuer funding and acquiring a Ported Mortgage Loan, it shall<br />
promptly notify the Issuer, the Cash Manager and the Master Servicer. The Cash Manager will then<br />
credit any Principal Funds in respect of the initial Mortgage Loan to which a Ported Mortgage Loan<br />
relates (as identified by the Special Servicer) to the Ported Mortgage Loan Ledger. In addition, any<br />
Ported Mortgage Early Repayment Charges shall also be credited by the Cash Manager to the Ported<br />
Mortgage Loan Ledger pending payment to the relevant Borrower.<br />
The Special Servicer will provide certain details to the Cash Manager and the Master Servicer<br />
including, the identity of the Mortgage Loan which will be redeemed, the redemption date thereof, the<br />
amount of any Ported Mortgage Early Repayment Charge in connection therewith, whether the Ported<br />
Mortgage Early Repayment Charge will be waived or refunded (and, if so, as to the relevant amount<br />
and whether in whole or in part) and, if refunded, the date of such refund (as and when it is known),<br />
any decision by the Special Servicer not to make a Ported Mortgage Loan and/or not to refund a Ported<br />
Mortgage Early Repayment Charge, whether there are sufficient amounts standing to the credit of the<br />
Ported Mortgage Loan Ledger to make such advance (and the amount of any shortfall).<br />
Prior to the making of such Ported Mortgage Loan Advances, the Special Servicer (on behalf of the<br />
Issuer) will apply the Oakwood Lending Criteria and ensure the satisfaction of, inter alia, the following<br />
conditions:<br />
(a)<br />
immediately prior to the making of any Ported Mortgage Loan Advance, the relevant Borrower<br />
is not in material breach of any of the conditions of the relevant Borrower's existing Mortgage<br />
Loan;