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Attentus CDO I Offering Circular - Irish Stock Exchange

Attentus CDO I Offering Circular - Irish Stock Exchange

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Distribution Date relating to such Due Period under any Hedge Agreement; provided,<br />

that the amount included in this clause (iii) with respect to each such Hedge Agreement<br />

shall reflect the amount scheduled to be paid to the Issuer by the Hedge Counterparties<br />

thereunder after giving effect to any netting provisions contained in such Hedge<br />

Agreement, plus (iv) the balance, if any, of all cash and Eligible Investments on deposit<br />

in the Discretionary Interest Shortfall Reserve Account on such Measurement Date,<br />

minus (v) the amount, if any, scheduled to be paid during such Due Period or on the<br />

Distribution Date relating to such Due Period for taxes and filing and registration fees<br />

owed by the Issuer, minus (vi) the amount, if any, scheduled to be paid during such Due<br />

Period or on the Distribution Date relating to such Due Period (x) to the Trustee, the<br />

Collateral Administrator and the Note Registrar of accrued and unpaid fees and expenses<br />

owing to them under the Indenture and the Collateral Administration Agreement, to the<br />

extent all such payments pursuant to this clause (x) do not exceed for any three-month<br />

calendar period an amount equal to 0.01625% of the aggregate Principal Balance of<br />

Pledged Securities on such Measurement Date and (y) for other accrued and unpaid<br />

administrative expenses of the Issuer (excluding Collateral Management Fee and<br />

principal of and interest on the Notes), to the extent all such payments pursuant to this<br />

clause (y) do not exceed on any four consecutive Distribution Dates an amount equal to<br />

U.S.$325,000, minus (vii) the amount, if any, scheduled to be paid on the Distribution<br />

Date relating to such Due Period to the Collateral Manager in respect of accrued and<br />

unpaid Base Collateral Management Fee; by<br />

(b) an amount equal to (i) the amount, if any, scheduled to be paid to the<br />

Hedge Counterparties by the Issuer on the Distribution Date relating to such Due Period<br />

under any Hedge Agreement; provided, that the amount included in this clause (i) with<br />

respect to each such Hedge Agreement shall reflect the amount scheduled to be paid to<br />

the Hedge Counterparties by the Issuer thereunder after giving effect to any netting<br />

provisions contained in such Hedge Agreement, plus (ii) (A) in the case of the Class A/B<br />

Interest Coverage Ratio, the scheduled interest on the Class A-1 Notes, the Class A-2<br />

Notes and the Class B Notes (including any Defaulted Interest thereon and any accrued<br />

interest on such Defaulted Interest) payable on the Distribution Date relating to such Due<br />

Period, (B) in the case of the Class C Interest Coverage Ratio, the scheduled interest on<br />

the Class A-1 Notes, Class A-2 Notes, Class B Notes, Class C-1 Notes and Class C-2<br />

Notes (including any Defaulted Interest thereon, any accrued interest on such Defaulted<br />

Interest and any accrued interest on Class C-1 Deferred Interest or Class C-2 Deferred<br />

Interest, but excluding any Class C-1 Deferred Interest or Class C-2 Deferred Interest)<br />

payable on the Distribution Date relating to such Due Period, (C) in the case of the Class<br />

D Interest Coverage Ratio, the scheduled interest on the Class A-1 Notes, Class A-2<br />

Notes, Class B Notes, Class C-1 Notes, Class C-2 Notes and Class D Notes (including<br />

any Defaulted Interest thereon, any accrued interest on such Defaulted Interest and any<br />

accrued interest on Class C-1 Deferred Interest, Class C-2 Deferred Interest and Class D<br />

Deferred Interest, but excluding any Class C-1 Deferred Interest, Class C-2 Deferred<br />

Interest or Class D Deferred Interest) payable on the Distribution Date relating to such<br />

Due Period and (D) in the case of the Class E Interest Coverage Ratio, the scheduled<br />

interest on the Class A-1 Notes, Class A-2 Notes, Class B Notes, Class C-1 Notes, Class<br />

C-2 Notes, Class D Notes and Class E Notes (including any Defaulted Interest thereon,<br />

any accrued interest on such Defaulted Interest and any accrued interest on Class C-1<br />

Deferred Interest, Class C-2 Deferred Interest, Class D Deferred Interest and Class E<br />

Deferred Interest, but excluding any Class C-1 Deferred Interest, Class C-2 Deferred<br />

Interest, Class D Deferred Interest or Class E Deferred Interest) payable on the<br />

Distribution Date relating to such Due Period.<br />

83

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