07.03.2014 Views

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

“Redemption Threshold Amount” means the aggregate of the amounts which would be due and payable<br />

on the redemption of the Notes on the scheduled Redemption Date and all other amounts which, pursuant to<br />

Condition 11 (Enforcement), rank in priority to payments in respect of the Class N Notes in accordance<br />

with the Priorities of Payment (including any amounts payable by the Issuer on termination or liquidation of<br />

the Hedge Agreements, net of any amounts received by the Issuer on termination or liquidation of such<br />

agreements on the basis that such Hedge Agreements are terminated with payments thereon being payable<br />

on the scheduled Redemption Date).<br />

“Reference Obligation” means a debt obligation to which a Synthetic Security is linked that satisfies<br />

paragraph (a) of the Eligibility Criteria, provided that such debt obligation may be denominated in a<br />

currency other than Euro or Sterling.<br />

“Reference Obligor” means the obligor of a Reference Obligation.<br />

“Register” has the meaning given thereto in Condition 2(a) (Forms and Denomination).<br />

“Regulation S” means Regulation S under the Securities Act.<br />

“Regulation S Definitive Notes” means the Class A1A Regulation S Definitive Notes, the Class A1B<br />

Regulation S Definitive Notes, the Class A2 Regulation S Definitive Notes, the Class B Regulation S<br />

Definitive Notes, the Class C Regulation S Definitive Notes, the Class D Regulation S Definitive Notes, the<br />

Class E Regulation S Definitive Notes and the Class N Regulation S Definitive Notes or (as the context<br />

may require) any of them.<br />

“Regulation S Global Notes” means the Class A1B Regulation S Global Note, the Class A2 Regulation S<br />

Global Note, the Class B Regulation S Global Note, the Class C Regulation S Global Note, the Class D<br />

Regulation S Global Note, the Class E Regulation S Global Note and the Class N Regulation S Global Note<br />

or (as the context may require) any of them.<br />

“Regulation S Notes” means Notes offered for sale outside of the United States under Regulation S.<br />

“Reinvestment Criteria” means the Reinvestment Criteria specified in the Collateral Management<br />

Agreement.<br />

“Reinvestment OC Ratio” means, as at any Measurement Date, the ratio (expressed as a percentage)<br />

obtained by dividing the Net Portfolio Collateral Balance by the aggregate principal amount of the Senior<br />

Notes, the Class B Notes, the Class C Note, the Class D Notes and the Class E Notes Outstanding<br />

(including for the avoidance of any doubt, the Class B Deferred Interest, the Class C Deferred Interest, the<br />

Class D Deferred Interest and the Class E Deferred Interest).<br />

“Reinvestment OC Test” shall be satisfied in respect of a Measurement Date if, on such Measurement<br />

Date, the Reinvestment OC Ratio is at least 105.6 per cent.<br />

“Reinvestment Period” means the period from, and including, the Issue Date and ending on (but<br />

excluding) the first to occur of (i) the Determination Date immediately preceding the Payment Date falling<br />

in July 2013; (ii) the Payment Date on which the entire aggregate principal amount outstanding of all the<br />

Notes is to be optionally redeemed; (iii) the date of the occurrence of an Issuer Event of Default; (iv) the<br />

date on which the Trustee notifies the Issuer in writing that consent is given by the holders of at least 50 per<br />

cent. of the aggregate principal amount outstanding of the Class N Notes (including for this purpose any of<br />

the Notes held by the Collateral Manager and its Affiliates) to terminate the Reinvestment Period prior to<br />

the Determination Date falling in July 2013 following a notification by the Collateral Manager (acting in its<br />

sole and absolute discretion on behalf of the Issuer) to the Issuer that the Collateral Manager has, after<br />

making all reasonable efforts to do so, been unable for reasons beyond its control, to identify Additional<br />

Collateral Debt Securities that are deemed appropriate by the Collateral Manager (acting reasonably in<br />

accordance with its normal practice and acting on behalf of the Issuer) and which meet the Eligibility<br />

Criteria or, to the extent applicable, the Reinvestment Criteria in sufficient amounts to permit investment or<br />

reinvestment of the funds required to be invested by the Issuer.<br />

85

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!