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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(g) (until such time as (1) the Issuer has submitted any forms to ensure that it receives interest on a<br />
Collateral Debt Security free of withholding tax and has received confirmation from the relevant tax<br />
authority that interest may be paid to it free of withholding tax or (2) the Issuer reasonably believes that<br />
no such tax is payable), the amount which would be withheld in respect of such interest prior to the<br />
receipt of such confirmation;<br />
plus<br />
(h) the amounts received by the Issuer from a Hedge Counterparty pursuant to any Hedge Transaction<br />
(other than an Asset Swap Transaction) in respect of the relevant Due Period (other than any Hedge<br />
Termination Receipt and amounts received from the Initial Hedge Counterparty pursuant to the Initial<br />
Hedge Agreement), if any; and<br />
(i)<br />
the amounts received by the Issuer from a Hedge Counterparty pursuant to an Asset Swap Transaction<br />
which corresponds to those amounts described in paragraph (f) of this definition with respect to a Non-<br />
Euro Collateral Debt Security (and which excludes for the avoidance of doubt, any Hedge Termination<br />
Receipt).<br />
“Interest Determination Date” has the meaning given to it in Condition 6(e)(i) (Rate of Interest).<br />
“Interest Proceeds” means the Euro Interest Proceeds and the Sterling Interest Proceeds.<br />
“Internal Rate of Return” has the meaning given to it in Condition 3 (Status).<br />
“Investec” means Investec Principal Finance, a business unit division of Investec Bank (UK) Ltd.<br />
“Issue Date” means 5 July 2007.<br />
“Issue Date Spot Rate” means the following exchange rate for exchanging respectively, Sterling for Euro,<br />
and Euro for Sterling: Euro 1.0 = Sterling 0.6748, rounded to four decimal places.<br />
“Issuer” means <strong>Gresham</strong> <strong>Capital</strong> <strong>CLO</strong> <strong>IV</strong> B.V.<br />
“Issuer Dutch Account” means the account in the name of the Issuer with Fortis Bank Nederland N.V.<br />
“Issuer Event of Default” means each of the events defined as such in Condition 10(a) (Events of Default).<br />
“LIBOR” means the London Interbank Offered Rate.<br />
“Liquidity Drawing” means a loan made or to be made under the Liquidity Facility or deemed to be made<br />
under the Liquidity Facility Agreement in a minimum amount of €50,000 (or the Sterling equivalent thereof<br />
at the Issue Date Spot Rate).<br />
“Liquidity Facility” means the liquidity facility granted by the Liquidity Facility Provider to the Issuer<br />
pursuant to the Liquidity Facility Agreement.<br />
“Liquidity Limit” means the maximum amount allowed to be drawn by the Issuer on a Payment Date<br />
pursuant to the terms of the Liquidity Facility Agreement.<br />
“Liquidity Payment” means all amounts due and payable by the Issuer to the Liquidity Facility Provider<br />
under the Liquidity Facility Agreement.<br />
“Liquidity Payment Account” means each of the Euro Liquidity Payment Account and the Sterling<br />
Liquidity Payment Account and “Liquidity Payment Accounts” means both of them.<br />
“Long Dated Securities” means any Collateral Debt Security with a maturity later than the Maturity Date;<br />
provided that, if a Collateral Debt Security has Distributions that would constitute Principal Proceeds that<br />
are scheduled to occur both before and after the Maturity Date, such Collateral Debt Security shall, for the<br />
purpose of determining the Net Portfolio Collateral Balance, be treated as two securities consisting of a<br />
security in respect of which Principal Proceeds and other amounts are scheduled to be paid on or before the<br />
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