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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(i)<br />
(ii)<br />
in the event that the aggregate funds (if any) calculated in accordance with the Pre-<br />
Enforcement Interest Priority of Payments as being available to the Issuer on any<br />
Payment Date for application in or towards the payment of interest which is, subject<br />
to this Condition 4(f), due on each class of Notes junior to the Most Senior Class of<br />
Notes outstanding on such Payment Date (such aggregate available funds being<br />
referred to in this Condition 4(f) as the "Junior Residual Amount") are not sufficient<br />
to satisfy in full the aggregate amount of interest which is, subject to this Condition<br />
4(f), due on each class of Note junior to the Most Senior Class of Notes outstanding<br />
on such Payment Date, there shall be payable on such Payment Date, by way of<br />
interest on each such junior Note, a pro rata share of the Junior Residual Amount<br />
available to each relevant class of junior Notes; and<br />
in the event that, by virtue of the provisions of sub-paragraph (i) above, a pro rata<br />
share of such Junior Residual Amount, is paid to Noteholders of each relevant class in<br />
accordance with such provisions, the Issuer shall create provisions in its accounts for<br />
the shortfall equal to the amount by which the aggregate amount of interest paid on<br />
each class of Notes junior to the Most Senior Class of Notes outstanding on any<br />
Payment Date in accordance with this Condition 4(f) falls short of the aggregate<br />
amount of interest payable on the relevant class of junior Notes on that date pursuant<br />
to the other provisions of this Condition 4. Such shortfall shall accrue interest at a<br />
rate for each Interest Period during which it is outstanding equal to the applicable<br />
(i) in the case of the Sterling Notes, Note LIBOR and (ii) in the case of the Euro<br />
Notes, Note EURIBOR, plus the Relevant Margin for the relevant class of junior<br />
Notes for such Interest Period, as applicable. A pro rata share of such shortfall plus<br />
any interest accrued thereon shall be aggregated with the amount of, and treated for<br />
the purpose of this Condition as if it were interest due, subject to this Condition 4(f),<br />
on each class of Notes junior to the Most Senior Class of Notes outstanding on the<br />
next succeeding Payment Date. This provision shall cease to apply on the Payment<br />
Date referred to in Condition 5(a) at which time all accrued interest shall become due<br />
and payable.<br />
Payments of interest or any other amounts due on the Most Senior Class of Notes are not deferrable.<br />
(g)<br />
Determination and/or Calculation by Trustee<br />
If the Agent Bank does not at any time for any reason determine the Rate of Interest and/or<br />
calculate the Interest Amount in accordance with the foregoing paragraphs, the Trustee shall (i)<br />
determine the Rate of Interest at such rate as, in its absolute discretion (having such regard as it<br />
shall think fit to the procedure described above), it shall deem fair and reasonable in all the<br />
circumstances and/or (as the case may be) (ii) calculate the Interest Amount in the manner<br />
specified in paragraph (d) above, and any such determination and/or calculation shall be deemed<br />
to have been made by the Agent Bank.<br />
(h)<br />
Notifications to be Final<br />
All notifications, opinions, determinations, certificates, calculations, quotations and decisions<br />
given, expressed, made or obtained for the purposes of this Condition, whether by the<br />
Reference Banks (or any of them) or the Agent Bank or the Trustee shall (in the absence of<br />
wilful default, bad faith or manifest error) be binding on the Issuer, the Reference Banks, the<br />
Agent Bank, the Trustee and all Noteholders and (in such absence as aforesaid) no liability to<br />
the Trustee or the Noteholders shall attach to the Issuer, the Reference Banks, the Agent Bank