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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(f)<br />
the amount drawn does not exceed the aggregate of the purchase prices of Additional Collateral Debt<br />
Securities (plus accrued interest if any) to be acquired; and<br />
(g) if such Drawing is denominated in Sterling, the Collateral Debt Security purchased with such Drawing<br />
would not when purchased cause the Sterling Limit or the Aggregate Sterling Limit to be breached.<br />
6. Sale of Collateral Debt Securities and Reinvestment Criteria<br />
(a) General<br />
The Collateral Manager (acting on behalf of the Issuer) is permitted in certain circumstances and subject to<br />
certain requirements, all as set out below, to sell Collateral Debt Securities, Defaulted Equity Securities and<br />
Collateral Enhancement Securities and, during the Reinvestment Period and, to a limited extent, after the<br />
Reinvestment Period, to reinvest the Sale Proceeds thereof in Additional Collateral Debt Securities. The sale<br />
and reinvestment of any Collateral Debt Securities will be required to comply with the provisions set out below,<br />
including meeting the Eligibility Criteria and, after the Ramp-Up Period, the Reinvestment Criteria and after the<br />
Reinvestment Period, the Reinvestment Criteria and the Additional Reinvestment Criteria.<br />
(b) Conditions of Sale and/or Reinvestment in Additional Collateral Debt Securities<br />
The Collateral Manager (acting on behalf of the Issuer) may dispose of any Collateral Debt Security, a<br />
Defaulted Equity Security or a Collateral Enhancement Security, in each case, which is permitted to be sold in<br />
the circumstances provided below, provided that:<br />
(i) no Issuer Event of Default has occurred and is continuing;<br />
(ii) in the case of a proposed disposal of a Collateral Debt Security, either (i) it is a Credit Improved<br />
Security, a Credit Risk Security, a Defaulted Security, a PIK Security to which paragraph (f) (Sale<br />
of PIK Securities) applies or an Equity Security or (ii) the aggregate of the Principal Balances of<br />
the Collateral Debt Securities acquired during the twelve month period commencing on (and<br />
including) the Target Date and each succeeding twelve-month period (excluding from this<br />
calculation, the Principal Balances of the Collateral Debt Securities acquired out of the Sale<br />
Proceeds received pursuant to a disposal referred to in paragraphs (c) (Sale of Credit Improved<br />
Securities) to (g) (Sale of Equity Securities) (inclusive) below) when aggregated with the Principal<br />
Balances of the Collateral Debt Securities to be sold does not exceed 20 per cent. of the Maximum<br />
Investment Amount determined as at the beginning of each twelve month period, provided that the<br />
discretionary sales referred to in this paragraph (b)(ii) will only be permitted during the<br />
Reinvestment Period;<br />
(iii) except in the case of Sale Proceeds from a Credit Risk Security, a Defaulted Security, a PIK<br />
Security or an Equity Security, the Collateral Manager certifies that it believes in its reasonable<br />
business judgement that the Sale Proceeds may be reinvested in one or more Collateral Debt<br />
Security within 20 Business Days of receipt of such Sale Proceeds;<br />
(iv) in the case of a sale of a Collateral Debt Security which is a Credit Risk Security, a Credit<br />
Improved Security or a Defaulted Security, the Collateral Manager certifies that such Collateral<br />
Debt Security is a Credit Risk Security, Credit Improved Security or Defaulted Security;<br />
(v) after giving effect to the sale of any Collateral Debt Security, each of the Collateral Quality Tests<br />
is satisfied or, if not satisfied immediately prior to such sale, is maintained or improved after<br />
giving effect to the sale of such Collateral Debt Security; and<br />
(vi) the Collateral Manager has received from the Collateral Administrator the certificate in respect of<br />
such sale described below.<br />
In respect of any disposal referred to above, the Collateral Manager shall use its reasonable efforts to<br />
reinvest the relevant Sale Proceeds in Additional Collateral Debt Securities at any time prior to the end of the<br />
Due Period in which such Sale Proceeds were received, provided that:<br />
(i) no Issuer Event of Default shall have occurred and be continuing;<br />
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