Gresham Capital CLO IV B.V. - Irish Stock Exchange
Gresham Capital CLO IV B.V. - Irish Stock Exchange
Gresham Capital CLO IV B.V. - Irish Stock Exchange
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(J)<br />
(K)<br />
(L)<br />
(M)<br />
(N)<br />
(O)<br />
(P)<br />
(Q)<br />
(R)<br />
(S)<br />
(T)<br />
(U)<br />
(V)<br />
to the payment of interest due and payable on the Class C Notes (other than any Class C<br />
Deferred Interest);<br />
in redemption of the Class C Notes in full (including payment of Class C Deferred<br />
Interest);<br />
to the payment of interest due and payable on the Class D Notes (other than any Class D<br />
Deferred Interest);<br />
in redemption of the Class D Notes in full (including payment of Class D Deferred<br />
Interest);<br />
to the payment of interest due and payable on the Class E Notes (other than any Class E<br />
Deferred Interest);<br />
in redemption of the Class E Notes in full (including payment of Class E Deferred<br />
Interest);<br />
to the payment to any Replacement Collateral Manager of any Replacement Collateral<br />
Manager Subordinated Fee due and payable;<br />
to the payment on a pro rata basis of accrued and unpaid Class A1A Increased Margin;<br />
to the payment of any Subordinated Collateral Management Fee due and payable;<br />
to the payment of the Subordinated Hedge Termination Payments;<br />
to the payment of any Collateral Manager Termination Amount;<br />
in redemption of the Class N Notes in full; and<br />
to the payment of interest due and payable on the Class N Notes.<br />
For the purposes of this paragraph, any proceeds in Euro or Sterling shall be converted into Sterling or<br />
Euro as applicable to ensure that all amounts ranking senior in the above priority of payments is paid in<br />
full before payments of any junior ranking items.<br />
Notwithstanding anything contained in the Priorities of Payment above, the net proceeds of<br />
enforcement of the security created by the Trust Deed in favour of the Trustee for the benefit of the<br />
Liquidity Facility Provider shall be credited to such account as the Liquidity Facility Provider shall<br />
designate and the Trustee shall hold all moneys received by it under or pursuant to the Trust Deed in<br />
connection with the realisation or enforcement of all or part of the security created in favour of the<br />
Trustee for the benefit of the Liquidity Facility Provider, whether before or after the occurrence of an<br />
Issuer Event of Default, in trust for the benefit of the Liquidity Facility Provider.<br />
(c) Only Trustee to Act: Subject to the restrictions of any applicable law, only the Trustee may pursue the<br />
remedies available under the Trust Deed to enforce the rights of the Noteholders or of any of the other<br />
Secured Parties under the Trust Deed and the Notes and no Noteholder or other Secured Party may<br />
proceed directly against the Issuer or any of its assets unless the Trustee, having become bound to<br />
proceed in accordance with the terms of the Trust Deed, fails or neglects to do so within a reasonable<br />
period and such failure or neglect is continuing. Each Secured Party acknowledges and agrees that the<br />
obligations of the Issuer following the realisation of the security over the Collateral shall be limited to<br />
the amount of funds available to the Issuer to satisfy such obligations in accordance with the Priorities<br />
of Payment and that no Secured Party shall have any further recourse to the Issuer in respect of such<br />
obligations. In particular, none of the Trustee, any Noteholder or any other Secured Party shall be<br />
entitled in respect thereof to petition or take any other step for the winding-up of the Issuer.<br />
(d) Purchase of Collateral by Noteholders: Upon any sale of any part of the Collateral following the<br />
occurrence of an Issuer Event of Default whether made under the power of sale under the Trust Deed or<br />
by virtue of judicial proceedings, any Noteholder may bid for and purchase the Collateral or any part<br />
thereof and, upon compliance with the terms of sale (such terms to be in accordance with the terms of<br />
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