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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“Relevant Amount” in respect of a PIK Security is that amount of interest which has been deferred,<br />
capitalised or paid by the issuance of a further obligation, and which is repaid or otherwise realised and<br />
shall be determined as follows:<br />
(a) where interest is paid by issuance of a further obligation, the Relevant Amount shall be the amount<br />
realised by the Issuer on sale, redemption or repayment of such further obligation;<br />
(b) where interest is deferred or capitalised, the Relevant Amount shall be the amount:<br />
(i)<br />
(ii)<br />
(iii)<br />
in the case of redemption or repayment of the relevant PIK Security, of the deferred or<br />
capitalised interest less any amount by which the amount received on redemption or<br />
repayment is less than the Principal Balance of such PIK Security and accrued interest for the<br />
last interest period to the date of redemption or repayment; or<br />
in the case of any other realisation of the relevant PIK Security, of the deferred or capitalised<br />
interest less the amount by which the amount received in respect of such realisation is less<br />
than the Principal Balance of such PIK Security and accrued interest for the period to the date<br />
of realisation; or<br />
in the case such deferred or capitalised interest is paid by the obligor (or any guarantor<br />
thereof) other than on redemption or repayment, the amount of such deferred or capitalised<br />
interest received by the Issuer.<br />
If interest accrues on any deferred or capitalised interest or on any further obligation issued in payment of<br />
interest, such accrued interest which is paid to the Issuer shall be treated as a Relevant Amount in respect of<br />
such PIK Security.<br />
“Relevant Date” means whichever is the later of (a) the date on which any payment first becomes due and<br />
(b) if the full amount payable has not been received by the Registrar or the Trustee on or prior to such due<br />
date, the date on which the full amount having been so received, notice to that effect shall have been given<br />
to the Noteholders in accordance with Condition 16 (Notices).<br />
“repay” shall include redeem and vice versa and repaid, repayable, repayment, redeemed, redeemable and<br />
redemption shall be construed accordingly.<br />
“Repayment Date” means, the earlier of the (a) the Maturity Date for the Class A Notes; and (b) the<br />
Redemption Date for the Class A Notes.<br />
“Replacement Collateral Manager” means the person appointed pursuant to the Collateral Management<br />
Agreement to replace the Collateral Manager.<br />
“Replacement Collateral Manager Subordinated Fee” means the sum of (i) the subordinated fee payable<br />
to a Replacement Collateral Manager on each Payment Date pursuant to the Collateral Management<br />
Agreement equal to such percentage per annum as agreed when such Replacement Collateral Manager is<br />
appointed of the daily weighted average aggregate of the Principal Balances of the Collateral Debt<br />
Securities during the Due Period ending immediately preceding such Payment Date and (ii) any value<br />
added tax in respect thereof (whether payable to the Replacement Collateral Manager or directly to the<br />
relevant taxing authority).<br />
“Replacement Hedge Agreement” means any Hedge Agreement entered into by the Issuer upon<br />
termination of an existing Hedge Agreement on substantially the same terms as the original Hedge<br />
Agreement (including with respect to any Hedge Transactions entered into thereunder).<br />
“Rule 144A” means Rule 144A under the Securities Act.<br />
“Rule 144A Definitive Notes” means the Class A1A Rule 144A Definitive Notes, the Class A1B Rule<br />
144A Definitive Notes, the Class A2 Rule 144A Definitive Notes, the Class B Rule 144A Definitive Notes,<br />
the Class C Rule 144A Definitive Notes, the Class D Rule 144A Definitive Notes, the Class E Rule 144A<br />
Definitive Notes and the Class N Rule 144A Definitive Notes or (as the context may require) any of them.<br />
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