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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(ii)<br />
if any Collateral Debt Security falls within the definition of both a “Discount Collateral Debt<br />
Security” and a “Current Pay Obligation”, such Collateral Debt Security shall be classified<br />
as a Current Pay Obligation unless the Collateral Manager in its reasonable business<br />
judgement (which shall not be called into question as a result of subsequent events)<br />
determines otherwise.<br />
“Distribution” means any payment of principal or interest or any dividend or premium or other amount or<br />
asset paid or delivered on or in respect of any Collateral Debt Security, any Eligible Investment, any<br />
Collateral Enhancement Security or any Defaulted Equity Security.<br />
“Drawing” means the principal amount of each advance made, from time to time, by the Class A1A<br />
Noteholders pursuant to the Class A1A Note Purchase Agreement to the Issuer which amount will not be<br />
less than the relevant Minimum Denomination or (as the context requires) the principal amount thereof for<br />
the time being outstanding.<br />
“Due Date” means each date on which a Distribution is due and payable.<br />
“Due Period” means, with respect to any Payment Date, the period commencing on the day immediately<br />
following the eighth Business Day prior to the preceding Payment Date (or on the Issue Date in the case of<br />
the Due Period relating to the first Payment Date) and ending on the eighth Business Day prior to such<br />
Payment Date (or, in the case of the Due Period applicable to the Maturity Date or a Redemption Date,<br />
ending on the day preceding such Payment Date).<br />
“Dutch Ineligible Securities” means any and all:<br />
(a) securities or interests in securities which are bearer instruments (effecten aan toonder) physically<br />
located in The Netherlands or registered shares (aandelen op naam) in a Netherlands corporate entity<br />
where the Issuer owns such bearer instruments or registered shares directly and in its own name; or<br />
(b) securities or interests in securities the purchase or acquisition of which by or on behalf of the Issuer<br />
would cause the breach of applicable selling or transfer restrictions or of applicable Dutch laws relating<br />
to the offering of securities or of collective investment schemes; or<br />
(c) obligations or instruments which are convertible into or exchangeable for the securities referred to in<br />
(a) above.<br />
“Eastern Europe” means countries in Europe other than Austria, Belgium, Denmark, Finland, France,<br />
Germany, Republic of Ireland, Italy, Luxembourg, Liechtenstein, The Netherlands, Norway, Portugal,<br />
Spain, Sweden, Switzerland, the United Kingdom (including the Channel Islands and the Isle of Man) and<br />
any other EU Member State rated “A-” or above by Fitch and “AA” or above by S&P as at the Issue Date<br />
and otherwise subject to Rating Agency Confirmation.<br />
“Eligibility Criteria” has the meaning given thereto in the Collateral Management Agreement.<br />
“Eligible Floating Rate Note” means a Senior Secured Loan documented in note form and for which<br />
Rating Agency Confirmation has been given to the Collateral Manager that such Senior Secured Loan may<br />
be treated as a Senior Secured Loan.<br />
“Eligible Investments” means:<br />
(a) government securities of any government which is rated “AAA” and “AAA” or “F1+” and “A-1+” by<br />
Fitch and S&P respectively; and<br />
(b) demand or time deposits, certificates of deposit and short term debt obligations (including commercial<br />
paper);<br />
provided that in all cases such investments (x) are not Dutch Ineligible Securities and (y) have a maturity<br />
date of no later than the last Business Day of the Due Period following the date of acquisition of such<br />
investment and the short term unsecured, unguaranteed and unsubordinated debt obligations of the issuing<br />
or guaranteeing entity or the entity with which the demand or time deposits are made (being a licensed EU<br />
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