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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Condition 15: Notice to Subordinated Noteholders<br />
Any notice to the Subordinated Noteholders shall be validly given if either published in The <strong>Irish</strong> Times<br />
or, if such newspaper shall cease to be published or timely publication therein shall not be practicable,<br />
in such English language newspaper or newspapers as the Trustee shall approve having a general<br />
circulation in Dublin or published on the Relevant Screen. Any such notice shall be deemed to have<br />
been given to the Subordinated Noteholders and they shall be deemed to have notice of the content of<br />
any such notice, in each case, on the date of such publication or, if published more than once or on<br />
different dates, on the first date on which publication shall have been made in the newspaper or<br />
newspapers in which (or on the Relevant Screen on which) publication is required.<br />
The Trustee shall be at liberty to sanction some other method of giving notice to the Subordinated<br />
Noteholders or any class of them if, in its opinion, such other method is reasonable having regard to<br />
market practice then prevailing and to the requirements of the stock exchange on which the<br />
Subordinated Notes are then listed and provided that notice of such other method is given to the<br />
Subordinated Noteholders in such manner as the Trustee shall require.<br />
For so long as the Subordinated Notes are represented by a Global Subordinated Note, notices to<br />
Subordinated Noteholders may be given by delivery of the relevant notice to Euroclear and<br />
Clearstream, Luxembourg for communication to the relative Accountholders rather than by publication<br />
as required by this Subordinated Note Condition 15.<br />
Condition 16: Non Petition<br />
The Subordinated Noteholders shall not be entitled to take any steps (otherwise than in accordance with<br />
the Issuer Security Deed):<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
to direct the Trustee to enforce the Security other than when expressly permitted to do so under<br />
Subordinated Note Condition 10; or<br />
to take or join any person in taking steps against the Issuer for the purpose of obtaining payment<br />
of any amount due from the Issuer to it; or<br />
to initiate or join any person in initiating any Insolvency Proceedings in relation to the Issuer or<br />
the appointment of an Insolvency Official in relation to the Issuer or in relation to the whole or<br />
any substantial part of the undertakings or assets of the Issuer; or<br />
to take any steps or proceedings which would result in the Priorities of Payments not being<br />
observed.<br />
Condition 17: Rights of Third Parties<br />
No rights are conferred on any third person (except the Subordinated Noteholders) under the Contracts<br />
(Rights of Third Parties) Act 1999 to enforce any term of the Subordinated Notes, but this does not<br />
affect any right or remedy of any person which exists or is available apart from that Act.<br />
Condition 18: European Economic and Monetary Union<br />
(a)<br />
The Issuer may, without the consent of the Subordinated Noteholders on giving at least 30 days'<br />
prior notice to the Trustee and the Paying Agents designate a date (the "Redenomination<br />
Date"), being a Payment Date falling on or after the date on which the United Kingdom<br />
becomes a Participating Member State.