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
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
the Trust Deed or fair market practices if the Trust Deed is not applicable) and, may hold, retain,<br />
possess or dispose of such property in its or their own absolute right without accountability.<br />
12. Prescription<br />
Claims in respect of principal and interest payable on redemption in full of the relevant Notes will become<br />
void unless presentation for payment is made as required by Condition 8 (Payments) within a period of 5<br />
years, in the case of interest, and 10 years, in the case of principal, from the appropriate Relevant Date.<br />
13. Replacement of Definitive Notes<br />
If any Definitive Note is lost, stolen, mutilated, defaced or destroyed it may be replaced at the specified<br />
office of the Transfer Agent in London subject in each case to all applicable laws and <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong><br />
requirements, upon payment by the claimant of the expenses incurred in connection with such replacement<br />
and on such terms as to evidence, security, indemnity and otherwise as the Issuer may require (provided<br />
that the requirement is reasonable in the light of prevailing market practice). Mutilated or defaced<br />
Definitive Notes must be surrendered before replacements will be issued.<br />
14. Meetings of Noteholders, Modification, Waiver and Substitution; Removal and Retirement of the<br />
Trustee<br />
(a) Meetings of Noteholders: The Trust Deed contains provisions for convening meetings of the<br />
Noteholders of each Class to consider matters affecting the interests of such Noteholders, including the<br />
sanctioning by Extraordinary Resolution of the Noteholders of a Class of a modification of certain of<br />
these Conditions or certain provisions of the Trust Deed. Meetings of the Noteholders of a Class may<br />
be convened by two or more Noteholders of such Class holding not less than 10 per cent. in principal<br />
amount of the Notes of that Class Outstanding, or by the Trustee or the Issuer in its own right. Subject<br />
as follows, the quorum for any meeting convened to consider an Extraordinary Resolution of the<br />
Noteholders of such Class will be two or more persons holding or representing 66⅔ per cent. in<br />
principal amount of the Notes of such Class Outstanding, or at any adjourned meeting two or more<br />
persons being or representing the holders of the Notes of such Class holding or representing 25 per<br />
cent. of the principal amount of the Notes of such Class Outstanding. No proposal to sanction,<br />
amongst other things:<br />
(i) the exchange or substitution for the Notes of the relevant Class, or the conversion of the Notes of<br />
the relevant Class into, shares, bonds or other obligations or securities of the Issuer or any other<br />
entity;<br />
(ii) the modification of any provision relating to the timing and/or circumstances of final redemption<br />
of the Notes of the relevant Class at maturity (including the circumstances in which payments on<br />
such Notes may be accelerated);<br />
(iii) the modification of the timing and/or determination of the amount of interest, principal or other<br />
amounts payable in respect of the Notes of the relevant Class from time to time;<br />
(iv) the adjustment of the outstanding principal amount of the Notes of the relevant Class other than in<br />
connection with a further issue of Notes pursuant to Condition 17 (Further Issues);<br />
(v) a change in the currency of payment of the Notes of the relevant Class or any other amounts<br />
payable under the Priorities of Payment;<br />
(vi) any change in the Priorities of Payment or in the calculation or determination of any amounts<br />
payable thereunder;<br />
(vii) the modification of the provisions concerning the quorum required at any meeting of Noteholders<br />
of the relevant Class or the majority required to pass an Extraordinary Resolution or any other<br />
provision of these Conditions which requires the written consent of the holders of a requisite<br />
principal amount of the Notes of any Class Outstanding; and<br />
(viii) the modification of any provision relating to the security over the Collateral constituted by the<br />
Trust Deed except as contemplated by these Conditions and the Trust Deed,<br />
127