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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amounts paid to it by Borrowers under the Mortgage Loans. Similarly, to the extent that any premium<br />
received by the Issuer from a replacement interest rate swap counterparty or cross currency swap<br />
counterparty upon entry into replacement transactions together with any collateral provided by the<br />
Interest Rate Swap Counterparty or Cross Currency Swap Counterparty, respectively, is insufficient to<br />
satisfy any termination payment due to the respective Swap Counterparty under the Interest Rate Swap<br />
Agreement or, as the case may be, the Cross Currency Swap Agreement, the respective Swap<br />
Counterparty will receive any such shortfall in accordance with the applicable Priority of Payments.<br />
No assurance can be given as to the ability of the Issuer to find (i) a replacement interest rate swap<br />
counterparty which meets the Required Interest Rate Swap Counterparty Ratings and which will agree<br />
to enter into replacement interest rate swap transactions, or (ii) a replacement cross currency swap<br />
counterparty which meets the Required Cross Currency Swap Counterparty Ratings and which will<br />
agree to enter into a replacement cross currency swap transaction.<br />
Risks Associated with Rising Mortgage Rates<br />
The Mortgage Rate payable under the Bank of England Repo Rate-Linked Mortgage Loans (save for<br />
the Fixed Reverting to SVR Mortgage Loans, to the extent they accrue a fixed interest rate) is<br />
calculated by reference to the Bank of England repo rate. The Mortgage Rate payable under the<br />
LIBOR-Linked Mortgage Loans (save for the Fixed Reverting to LIBOR Mortgage Loans, to the extent<br />
they accrue a fixed rate of interest) is calculated by reference to LIBOR. Both the Bank of England<br />
repo rate and LIBOR may be subject to variations. The Issuer could be subject to a higher risk of<br />
default in payment by a Borrower under the Bank of England Repo Rate-Linked Mortgage Loans as a<br />
result of an increase in the Bank of England repo rate or under the LIBOR-Linked Mortgage Loans as a<br />
result of an increase in LIBOR.<br />
Limited Liquidity<br />
The ability of the Issuer to redeem all of the Notes and the relevant Instruments in full, including<br />
following the occurrence of an Event of Default in relation to the Notes and the relevant Instruments<br />
while any of the Mortgage Loans are still outstanding, may depend upon whether the Mortgage Loans<br />
can be realised to obtain an amount sufficient to redeem the Notes and the relevant Instruments.<br />
There is not, at present, an active and liquid secondary market for the Notes or the Instruments. There<br />
can be no assurance that a secondary market for the Notes will develop or, if a secondary market does<br />
develop, that it will provide Noteholders or Instrumentholders with liquidity of investment or that it will<br />
continue for the life of the Notes or Instruments. To date, no underwriter has indicated that they intend<br />
to establish a secondary market in the Notes or the Instruments.<br />
Risks Related to the MERCs<br />
The MERCs are generally more speculative investments than the Notes and investors should be aware<br />
of the special risks associated with the MERCs as set out below.<br />
The MERCs represent an entitlement only to amounts received by the Issuer in respect of the obligation<br />
of Borrowers, in certain circumstances, to pay Mortgage Early Repayment Charges. MERC Holders do<br />
not have an entitlement to Mortgage Early Repayment Charges received or receivable from Borrowers<br />
acquiring Ported Mortgage Loans as such amounts will be waived or refunded to the Borrowers. The<br />
entitlement of MERC Holders to receive MERC Holder Payments from time to time will be contingent<br />
upon the Notes remaining outstanding. High rates of prepayment or enforcement of Mortga ge Loans<br />
are likely to result in increased Mortgage Early Repayment Charges. Correspondingly, lower rates of<br />
prepayments or enforcements of Mortgage Loans are likely to result in reduced MERC Holder