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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If Definitive R Certificates are issued, the beneficial interests represented by the Global R Certificate<br />
shall be exchanged by the Issuer for Definitive R Certificates in an amount proportionate to the<br />
beneficial interests represented by the Global R Certificate subject to and in accordance with the<br />
detailed provisions of the Paying Agency Agreement, the Trust Deed and the Global R Certificate.<br />
Condition 13: Replacement of Definitive R Certificates<br />
If any R Certificate is mutilated, defaced, lost, stolen or destroyed, it may be replaced at the specified<br />
office of any Paying Agent. Replacement of any mutilated, defaced, lost, stolen or destroyed R<br />
Certificate will only be made on payment of such costs as may be incurred in connection therewith and<br />
on such terms as to evidence and indemnity as the Issuer may reasonably require. Mutilated or defaced<br />
R Certificates must be surrendered before new ones will be issued.<br />
Condition 14: Notice to R Certificateholders<br />
Any notice to the R Certificateholders shall be validly given if either published in The <strong>Irish</strong> Times or, if<br />
such newspaper shall cease to be published or timely publication therein shall not be practicable, in<br />
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 R Certificateholders and they shall be deemed to have notice of the content of any<br />
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<br />
R Certificateholders if, in its opinion, such other method is reasonable having regard to market practice<br />
then prevailing and to the requirements of the stock exchange or equivalent regulatory authority on<br />
which the R Certificates are then listed and provided that notice of such other method is given to the R<br />
Certificateholders in such manner as the Trustee shall require.<br />
Condition 15: Non Petition<br />
The R Certificateholders shall not be entitled to take any steps (otherwise than in accordance with the<br />
Issuer Security Deed):<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
to direct the Trustee to enforce the Security; 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 16: Rights of Third Parties<br />
No rights are conferred on any third person (except the R Certificateholders) under the Contracts<br />
(Rights of Third Parties) Act 1999 to enforce any term of the R Certificates, but this does not affect any<br />
right or remedy of any person which exists or is available apart from that Act.