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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and/or the Issuer Security Deed together with interest thereon as provided in the Trust Deed<br />
and/or the Issuer Security Deed;<br />
(ii)<br />
(iii)<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 />
(B)<br />
(C)<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;<br />
the special servicing fee due and payable to the Special Servicer (plus value added tax,<br />
if any) during the Calculation Period immediately prior to the relevant Calculation<br />
Date; and<br />
amounts due to the Paying Agents, the Agent Bank, the Transfer Agent and the<br />
Registrar under the Paying Agency Agreement, the GIC Provider under the<br />
Guaranteed Investment Contract, the Corporate Services Provider and the Share<br />
Trustee under the Corporate Services Agreement and the Account Bank, the Cash<br />
Manager and the Master Servicer (inclusive of value added tax, if any) under the Cash<br />
Management, Master Servicing and Account Bank Agreement;<br />
(iv)<br />
(v)<br />
fourth, in or towards payment of interest, principal and any other amounts due and payable to<br />
the Liquidity Facility Provider in accordance with the Liquidity Facility Agreement;<br />
fifth, to pay pari passu and pro rata:<br />
(A)<br />
(B)<br />
amounts due and payable to the Interest Rate Swap Counterparty including (a)<br />
scheduled payments due under the Interest Rate Swap Agreement and (b) any<br />
termination payment due under the terms of the Interest Rate Swap Agreement to the<br />
extent not satisfied from any collateral provided by the Interest Rate Swap<br />
Counterparty and any amounts received by the Issuer from a replacement interest rate<br />
swap counterparty in respect of replacement interest rate swap transactions (except for<br />
any relevant Interest Rate Swap Counterparty Default Payment where "Interest Rate<br />
Swap Counterparty Default Payment" means any termination payment due or<br />
payable under the Interest Rate Swap Agreement as a result of the occurrence of an<br />
Event of Default where the Interest Rate Swap Counterparty is the Defaulting Party or<br />
an Additional Termination Event relating to the downgrade or withdrawal of the credit<br />
rating of the Interest Rate Swap Counterparty (as such terms are defined in the Interest<br />
Rate Swap Agreement));<br />
amounts due and payable to the Cap Provider including (a) scheduled payments due<br />
under the Interest Rate Cap Agreement and (b) any termination payment due under the<br />
terms of the Interest Rate Cap Agreement to the extent not satisfied from any<br />
collateral provided by the Cap Provider and any amounts received by the Issuer from