07.03.2014 Views

ALBA 2007 – 1 plc - Irish Stock Exchange

ALBA 2007 – 1 plc - Irish Stock Exchange

ALBA 2007 – 1 plc - Irish Stock Exchange

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

In giving any consent to the foregoing, the Trustee may require the Issuer to make such modifications<br />

or additions to the provisions of any of the Transaction Documents or may impose such other<br />

conditions or requirements as the Trustee may deem expedient in the interests of the Subordinated<br />

Noteholders.<br />

The Trustee shall not be responsible for monitoring, nor liable for any failure to monitor compliance by<br />

the Issuer with the above covenants and will be entitled to rely upon certificates signed on behalf of the<br />

Issuer as to compliance.<br />

Condition 4: Interest<br />

(a)<br />

Period of Accrual<br />

Each Subordinated Note bears interest from (and including) the Issue Date. Each Subordinated<br />

Note shall cease to bear interest from its due date for redemption unless, upon due presentation,<br />

payment of the relevant amount of principal is improperly withheld or refused. In such event,<br />

interest will continue to accrue thereon in accordance with this Subordinated Note Condition<br />

(after as well as before any judgment or decree) up to (but excluding) the date on which all<br />

sums due in respect of the Subordinated Notes up to that day are received by or on behalf of the<br />

relevant Subordinated Noteholders, or (if earlier) the seventh day after notice is duly given by<br />

the Principal Paying Agent to the holder thereof (in accordance with Subordinated Note<br />

Condition 15) that it has received all sums due in respect of such Subordinated Notes (except to<br />

the extent that there is any subsequent default in payment). Any interest shortfall shall accrue<br />

interest during each Interest Period during which it remains outstanding in accordance with<br />

Subordinated Note Condition 4(f). Whenever it is necessary to compute an amount of interest<br />

in respect of any Subordinated Notes for any period (including an Interest Period (as defined<br />

below)), such interest shall be calculated on the basis of actual days elapsed in a 365 day year or<br />

a 366 day year if the last day of such period falls in a leap year.<br />

(b)<br />

Payment Dates and Interest Periods<br />

Subject to Subordinated Note Condition 6, interest on the Subordinated Notes is payable in<br />

arrear on 17 September <strong>2007</strong>, and thereafter quarterly in arrear on the 17 th day in December,<br />

March, June and September in each year, unless such day is not a Business Day, in which case<br />

interest shall be payable on the following day which is a Business Day (each such date, a<br />

"Payment Date"). "Business Day" (other than for the purposes of Subordinated Notes<br />

Condition 6) means a day which is both (i) a day other than Saturday or Sunday on which banks<br />

are open for business in London and (ii) a TARGET Business Day. "TARGET Business Day"<br />

means a day (other than a Saturday or Sunday) on which TARGET (the Trans-European<br />

Automated Real-time Gross settlement Express Transfer system) is open. The period from (and<br />

including) a Payment Date (or the Issue Date) to (but excluding) the next (or first) Payment<br />

Date is called an "Interest Period" in these Subordinated Note Conditions.<br />

(c)<br />

Rate of Interest<br />

Subject to Subordinated Note Condition 7, the rate of interest payable from time to time (the<br />

"Rate of Interest") and the Interest Amount (as defined below) in respect of the Subordinated<br />

Notes will be determined on the basis of the provisions set out below:<br />

(i)<br />

for the purpose of determining the London Interbank Offered Rate ("LIBOR") for<br />

three month sterling deposits (or, in respect of the first Interest Period, an annual rate<br />

obtained by linear interpolation of LIBOR for two month sterling deposits and LIBOR

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!