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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any time becomes Margin <strong>Stock</strong> (as defined under Regulation U issued by the Board of Governors of the United<br />
States Federal Reserve System) or a Dutch Ineligible Security, as soon as practicable following such event.<br />
(m) Redemption of the Notes or Enforcement<br />
In the event of an optional redemption of the Notes pursuant to the Conditions or upon receipt of<br />
notification from the Trustee of the enforcement of the security over the Collateral, the Collateral Manager will<br />
(at the direction of the Trustee following the enforcement of such security) sell all or part of the Portfolio in<br />
order to fund such redemption or prepayment without regard to the foregoing limitations, subject always to any<br />
limitations or restrictions set out in the Conditions and the Trust Deed.<br />
(n) Euro Principal Proceeds and Sterling Principal Proceeds<br />
The Collateral Management Agreement provides that the Collateral Manager, on behalf of the Issuer, may<br />
only use Euro Principal Proceeds to acquire Euro Collateral Debt Securities and Sterling Principal Proceeds to<br />
acquire Sterling Collateral Debt Securities, provided that a Collateral Debt Security denominated in Sterling or<br />
any other non-Euro currency may be acquired by the Collateral Manager on behalf of the Issuer using Euro<br />
Principal Proceeds if such Collateral Debt Security is the subject of an Asset Swap Transaction pursuant to a<br />
Hedge Agreement swapping the Sterling or non-Euro amounts received on such Collateral Debt Security into<br />
Euro.<br />
7. Synthetic Securities, Non-Euro Denominated Securities and PIK Securities<br />
(a) Synthetic Securities<br />
The Collateral Manager, acting on behalf of the Issuer, may from time to time, during the Reinvestment<br />
Period acquire Collateral Debt Securities which are Synthetic Securities. For the avoidance of doubt, any<br />
acquisition of a Synthetic Security shall be subject to Rating Agency Confirmation.<br />
As part of the acquisition of or entry into a Synthetic Security which is a credit default swap transaction, the<br />
Issuer or the Collateral Manager, acting on the Issuer’s behalf, may be required to provide Synthetic Security<br />
Collateral to the applicable Synthetic Security Obligor which it will deposit with a custodian or other third party<br />
as security for its payment obligations to the Synthetic Security Obligor under the Synthetic Security. Subject<br />
as provided below, the Issuer may purchase such Synthetic Security Collateral notwithstanding that it may not<br />
satisfy the Eligibility Criteria, provided that such Synthetic Security Collateral may not include Margin <strong>Stock</strong><br />
(as defined under Regulation U issued by the Board of Governors of the United States Federal Reserve System).<br />
For the purposes of the Collateral Management Agreement, the acquisition cost of any Synthetic Security<br />
Collateral shall be included in the purchase price of any Collateral Debt Security that is a Synthetic Security.<br />
The Issuer may grant a first security interest in such Synthetic Security Collateral to the related Synthetic<br />
Security Obligor and a second priority security interest to the Trustee for the benefit of the Secured Parties and<br />
shall cause the Synthetic Security Obligor and the custodian or other third party holding such Synthetic Security<br />
Collateral to be notified of and acknowledge such security interests. Prior to the occurrence of any default under<br />
such Synthetic Security, any payments in respect of Synthetic Security Collateral not retained by the Synthetic<br />
Security Obligor pursuant to the terms of a Synthetic Security shall be paid to the Issuer prior to the release of<br />
the Synthetic Security Collateral. Interest received on the Synthetic Security Collateral shall constitute Euro<br />
Interest Proceeds or Sterling Interest Proceeds, as applicable. Principal payments received thereon shall<br />
constitute Euro Principal Proceeds or Sterling Principal Proceeds, as applicable. Upon any release of Synthetic<br />
Security Collateral from the first priority security interest in favour of the applicable Synthetic Security Obligor<br />
upon termination or sale of such Synthetic Security or otherwise, such Synthetic Security Collateral will:<br />
(i) to the extent that it satisfies the Eligibility Criteria and Reinvestment Criteria, at the discretion of<br />
the Collateral Manager, be retained and shall constitute a Collateral Debt Security; or<br />
(ii) in all other circumstances be sold as soon as reasonably practicable.<br />
Any Distributions received upon liquidation of Synthetic Security Collateral shall be deemed to<br />
constitute:<br />
(A) Sale Proceeds in the event that the Synthetic Security or the Synthetic Security Obligor’s<br />
security interest was terminated by the Collateral Manager or sold or assigned;<br />
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