ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Agreement and any collateral in relation thereto), to cover any cost in relation to the execution of a<br />
replacement interest rate cap agreement (having first used any Cap Termination Amounts received from<br />
the Cap Provider in respect of termination of the Interest Rate Cap Agreement and any collateral in<br />
relation thereto), to pay amounts under any indemnities for claims by third parties (including the costs<br />
of any Originator taking legal proceedings or any other action against a solicitor or valuer) pursuant to<br />
the terms of the Original Mortgage Sale Agreements and to pay the Seller interest accruing and all other<br />
sums received by it on the Mortgage Loans up to but not including the Issue Date.<br />
Liquidity Facility<br />
The Liquidity Facility shall be a 364-day committed liquidity facility in an initial Liquidity Facility<br />
Amount of £55,832,500. The Issuer will be entitled, only prior to the service of an Enforcement<br />
Notice by the Trustee, on any Payment Date to make drawings up to the Liquidity Facility Amount<br />
under the Liquidity Facility pursuant to the Liquidity Facility Agreement, any such drawing to be<br />
initially credited to the Issuer Transaction Account and recorded in a ledger maintained by the Cash<br />
Manager established for such purposes (the "Liquidity Ledger") to the extent that, after the application<br />
of the Available Revenue Funds, there are insufficient amounts available for distribution to meet the<br />
items set out in paragraphs (i) to (xvi) other than (vii), (ix), (xi), (xiii) and (xv) (inclusive) (the<br />
"Revenue Shortfalls") of the Pre-Enforcement Interest Priority of Payments on a Payment Date,<br />
provided that no drawings from the Liquidity Ledger may be made to meet interest payments on the B<br />
Notes, the C Notes, the D Notes, the E Notes or, as the case may be, the F Notes, to the extent that,<br />
after the application of the Available Revenue Funds, the B Principal Deficiency Sub-Ledger would<br />
have a debit balance equal to or greater than 50 per cent. of the then aggregate Principal Amount<br />
Outstanding of the B Notes or, as the case may be, the C Principal Deficiency Sub-Ledger would have<br />
a debit balance equal to or greater than 50 per cent. of the then aggregate Principal Amount<br />
Outstanding of the C Notes or, as the case may be, the D Principal Deficiency Sub-Ledger would have<br />
a debit balance equal to or greater than 50 per cent. of the aggregate Principal Amount Outstanding of<br />
the D Notes or, as the case may be, the E Principal Deficiency Sub-Ledger would have a debit balance<br />
equal to or greater than 50 per cent. of the aggregate Principal Amount Outstanding of the E Notes or,<br />
as the case may be, the F Principal Deficiency Sub-Ledger would have a debit balance equal to or<br />
greater than 35 per cent. of the aggregate Principal Amount Outstanding of the F Notes. Drawings<br />
credited to the Liquidity Ledger on any Payment Date will be transferred to the Revenue Ledger on that<br />
Payment Date for application in or towards the Revenue Shortfalls on that Payment Date. Likewise,<br />
any amounts in relation to principal due to be paid to the Liquidity Facility Provider in accordance with<br />
the Pre-Enforcement Interest Priority of Payments will be transferred from the Revenue Ledger to the<br />
Liquidity Ledger and the balance adjusted accordingly on the Business Day before the relevant Payment<br />
Date and thereafter (but only prior to the Liquidity Drawdown Date as defined below) will be utilised in<br />
repaying amounts outstanding under the Liquidity Facility.<br />
Drawings under the Liquidity Facility will be of a revolving nature repayable in full on the Payment<br />
Date following the date of such drawing. Interest on each drawing will accrue at a margin above<br />
LIBOR for the relevant period and will be payable together with accrued interest (if any) on the<br />
Payment Date following such drawing. A commitment fee will be payable on the undrawn amount of<br />
the Liquidity Facility on each Payment Date.<br />
If (a) the short-term, unsecured, unsubordinated and unguaranteed credit rating of the Liquidity Facility<br />
Provider falls below F1 by Fitch, (for so long as the A Notes and the B Notes are outstanding) P-1 by<br />
Moody's and A-1+ by S&P (the "Required Liquidity Facility Provider Rating") or (b) the Liquidity<br />
Facility Provider has its short-term rating withdrawn by either Rating Agency and, in the case of either<br />
paragraph (a) or (b), is not replaced within 30 days of notification of such downgrade or withdrawal or