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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(c) the Liquidity Facility is not renewed or, as the case may be, an alternative liquidity facility is not<br />
renewed such that the then current ratings of the Notes are not adversely affected, the Issuer will<br />
forthwith draw down the entirety of the undrawn portion of the Liquidity Facility and credit such<br />
amount to the Liquidity Ledger (the "Standby Drawing"). The date upon which such amount is drawn<br />
down is the "Liquidity Drawdown Date".<br />
Any Standby Drawing will, on the Liquidity Drawdown Date, be deposited by the Issuer into a deposit<br />
account (the "Standby Drawing Account") with a bank whose short-term, unsecured, unsubordinated<br />
and unguaranteed credit rating is at least the Required Liquidity Facility Provider Rating or such other<br />
rating as would maintain the then current ratings of the Notes. If the short-term, unsecured,<br />
unsubordinated and unguaranteed credit rating of the Liquidity Facility Provider is restored to the<br />
Required Liquidity Facility Provider Rating by the Rating Agencies or an Enforcement Notice is served<br />
by the Trustee, any Standby Drawing will be repaid to the Liquidity Facility Provider. A Standby<br />
Drawing may be utilised by the Issuer in the same circumstances in which the Issuer would have been<br />
able to utilise the Liquidity Facility prior to such Standby Drawing being made.<br />
If a Standby Drawing is made, the Issuer shall pay to the Liquidity Facility Provider all interest earned<br />
on the Standby Drawing Account and the Issuer shall pay commitment fees in respect of the Liquidity<br />
Facility as if the Standby Drawing had not been made. If the Standby Drawing is used for liquidity<br />
purposes, the Issuer shall pay the Liquidity Facility Provider interest on the utilised amount (as if such<br />
amount were a drawing under the Liquidity Facility) but shall cease to pay the commitment fees in<br />
relation to the utilised amount (as if such amount were a drawing under the Liquidity Facility) and shall<br />
only pay the commitment fee on the unutilised portion of the Standby Drawing. In the event that the<br />
Liquidity Facility Amount is reduced, a corresponding amount will be released to the Liquidity Facility<br />
Provider from the Standby Drawing Account to the extent available.<br />
Amounts paid to the Liquidity Facility Provider in accordance with item (iv) of the Pre-Enforcement<br />
Interest Priority of Payments will be capable of being redrawn under the Liquidity Facility (together, as<br />
the case may be, with other undrawn amounts under the Liquidity Facility prior to the Liquidity<br />
Drawdown Date) or from the Liquidity Ledger (on or after the Liquidity Drawdown Date) on any<br />
Payment Date to the extent set out above in this section. All amounts drawn under the Liquidity<br />
Facility will rank in point of priority ahead of payments of interest on the Notes. Upon enforcement of<br />
the Security by the Trustee, all amounts drawn under the Liquidity Facility will rank in priority to all<br />
payments on the Notes.<br />
"Available Commitment" means the Liquidity Facility Amount less the outstanding advances, taking<br />
into account any repayment thereof.<br />
"Liquidity Drawn Amount" means, on any Calculation Date: (a) at any time prior to any Liquidity<br />
Drawdown Date, the amount then drawn under the Liquidity Facility and not repaid together with all<br />
accrued interest up to (but excluding) the related Payment Date pursuant to the Liquidity Facility<br />
Agreement; and (b) at any time on or after the Liquidity Drawdown Date, the difference between the<br />
Liquidity Facility Amount and the Available Commitment under the Liquidity Facility as at the last day<br />
of the month immediately preceding such Calculation Date.<br />
"Liquidity Facility Am ount" means 5.75 per cent. of the aggregate Principal Amount Outstanding of<br />
the Notes on the Issue Date (or such other amount as agreed by the Rating Agencies, such Rating<br />
Agencies having confirmed that the rating of any class of the Notes would not be adversely affected<br />
thereby), subject to reduction in accordance with the terms of the Liquidity Facility.