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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(g)<br />
(h)<br />
(i)<br />
(j)<br />
(k)<br />
(l)<br />
(m)<br />
(n)<br />
(o)<br />
the Guaranteed Investment Contract;<br />
the Interest Rate Cap Agreement;<br />
the Interest Rate Swap Agreement;<br />
the Cross Currency Swap Agreement;<br />
the Collection Accounts Declaration of Trust;<br />
the Corporate Services Agreement;<br />
the Incorporated Terms Memorandum (together with the documents listed at<br />
paragraphs (a) to (l), and the Post Enforcement Call Option Deed and the Trust<br />
Deed, the "Transaction Documents");<br />
the Insurance Policies; and<br />
all other contracts, agreements, deeds and documents entered into by the Issuer<br />
from time to time; and<br />
(iv)<br />
a floating charge (ranking after the fixed security referred to above) over the whole of<br />
the undertaking, property, assets and rights of the Issuer which are not, at any time,<br />
covered by the fixed security described above.<br />
(c)<br />
Pre-Enforcement Interest Priority of Payments<br />
Prior to the enforcement of the Security by the Trustee, the Cash Manager, on behalf of the Issuer, is<br />
required to apply Available Revenue Funds on each Payment Date in making the following payments or<br />
provisions in the following order of priority (in each case only to the extent that payments or provisions<br />
of a higher priority have been made in full) after which the Liquidity Drawn Amount (if any) will be<br />
applied in or towards the Revenue Shortfalls only (the "Pre-Enforcement Interest Priority of<br />
Payments") (in each case only to the extent that the payments or provisions of a higher priority have<br />
been made in full) on each Payment Date:<br />
(i)<br />
(ii)<br />
(iii)<br />
first, to pay the remuneration due and payable to the Trustee (plus value added tax, if any) and<br />
any costs, charges, liabilities and expenses incurred by it in acting pursuant to the Trust Deed<br />
and/or the Issuer Security Deed together with interest thereon as provided in the Trust Deed<br />
and/or the Issuer Security Deed;<br />
second, to pay amounts, including audit fees and company secretarial expenses (plus value<br />
added tax, if any), which are due and payable by the Issuer to third parties and incurred without<br />
breach by the Issuer pursuant to the Trust Deed or the Issuer Security Deed and not provided<br />
for payment elsewhere and to provide for any such amounts expected to become due and<br />
payable by the Issuer after that Payment Date and to provide for the Issuer's liability or possible<br />
liability for corporation tax;<br />
third, to pay pari passu and pro rata:<br />
(A)<br />
the servicing fee due and payable to the Servicer (plus value added tax, if any) during<br />
the Calculation Period immediately prior to the relevant Calculation Date or if the<br />
appointment of the Servicer is terminated and a substitute is appointed, the servicing<br />
fee above will reflect the fee schedule agreed with such substitute servicer in<br />
accordance with the procedures set out in the Servicing Agreement;