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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RISK FACTORS<br />
The following is a summary of certain aspects of the issue of the Notes and the Instruments about which<br />
prospective investors should be aware. It is not intended to be exhaustive and prospective investors<br />
should carefully consider the risk factors set out in this summary, in addition to the other information<br />
contained in this Prospectus, in evaluating whether to purchase the Notes and/or the Instruments.<br />
Risks Related to the Notes and the Instruments<br />
Non-Recourse Obligations and Limited Resources<br />
The Notes and the Instruments represent obligations of the Issuer, and do not constitute obligations or<br />
responsibilities of, or guarantees by, any other person (including the Seller, the Special Servicer, the<br />
Initial Instrumentholder, the Arranger, the Managers, the Servicer, the Corporate Services Provider,<br />
the Share Trustee, the Trustee, the Cash Manager, the Master Servicer, the Registrar, the Paying<br />
Agents, the Agent Bank, the Transfer Agent, the Liquidity Facility Provider, the Account Bank, the<br />
GIC Provider, the Swap Counterparties, the Cap Provider and the Originator (as to which see in<br />
particular "No Recourse to Originator"), Holdings and the Option Co.).<br />
The Issuer will rely solely on monies received or recovered on the Mortgage Loans (whether by way of<br />
monthly payments, enforcement, disposal of the Mortgage Loans or otherwise), amounts received from<br />
each Swap Counterparty under the Swap Agreements, amounts received from the Cap Provider under<br />
the Interest Rate Cap Agreement, amounts received from the GIC Provider under the Guaranteed<br />
Investment Contract and, in the event that the Issuer is unable on any Payment Date to pay in full (to<br />
the extent required to be paid on any such date) the Revenue Shortfalls, amounts available under the<br />
Liquidity Facility, in each case, to enable it to make payments in respect of the Notes and the<br />
Instruments.<br />
Other than as provided in the Mortgage Sale Agreement, the Issuer and the Trustee will have no<br />
recourse to the Seller or any other entity (see "Risks Related to the Mortgage Loans – Warranties and<br />
Limitation of Seller's Liability" below).<br />
No Recourse to Originator<br />
In particular, neither the Notes nor the Instruments are obligations of, or the responsibility of, or<br />
guaranteed by, the Originator (or any subsidiary or affiliate of the Originator), and the Originator (or<br />
any subsidiary or affiliate of the Originator) has no responsibility for this Prospectus or its contents.<br />
Any information concerning the Originator in this Prospectus comprises only publicly available<br />
information issued by or on behalf of the Originator.<br />
Yield and Prepayment Considerations<br />
The yield to maturity of the Notes and Instruments of each class will depend on, among other things,<br />
the amount and timing of payment of principal (including full and partial prepayments, sale proceeds<br />
arising on enforcement of a Mortgage Loan, repurchases by the Seller due to breaches of warranties<br />
under the Mortgage Sale Agreement or requests by Borrowers to convert their current Mortgage Loan<br />
to one of a different type) on the Mortgage Loans and the price paid by the Noteholders for the Notes<br />
and by the Instrumentholders for the Instruments. Such yield may be adversely affected by a higher or<br />
lower than anticipated rate of prepayments on the Mortgage Loans. The yield to maturity on the<br />
MERCs will be particularly sensitive to the rates of prepayment on the related Mortgage Loans.<br />
The Mortgage Loans may be prepaid in full or in part at any time. Early repayment will generally take<br />
place in one of two possible circumstances. The Borrower may voluntarily redeem the Mortgage Loan