Attentus CDO I Offering Circular - Irish Stock Exchange

Agreement, will provide a full and unconditional guarantee on a subordinated basis by such Real Estate
Entity of amounts due on the Trust Preferred Securities of the subsidiary Trust Preferred Securities Issuer.
The Trust Preferred Securities will be issued in definitive and/or global form and will be
denominated in a liquidation amount that will be equal to the principal amount of the Corresponding
Debentures less the liquidation amount of the Common Securities, and the liquidation amount of such
Trust Preferred Securities is referred to herein as the “Principal Balance” of such Trust Preferred
Securities.
Distributions
Generally, distributions on the Trust Preferred Securities will be payable quarterly in arrears
(each such date, subject to the second succeeding paragraph, a “Trust Preferred Securities Payment
Date”). Distributions on the Trust Preferred Securities will be payable only to the extent that interest
payments are made in respect of the related Corresponding Debentures and to the extent the related Trust
Preferred Securities Issuer has funds legally available therefor.
Distributions payable for any Distribution Period with respect to the Trust Preferred Securities
will be computed on the basis of the actual number of days in such Distribution Period and a 360-day
year. The period (i) from, and including, the date of original issuance of the Trust Preferred Securities to,
but excluding, the initial Trust Preferred Securities Payment Date and (ii) thereafter, from, and including,
the first day following the end of the preceding Distribution Period to, but excluding, the Trust Preferred
Securities Payment Date or, in the case of the last Distribution Period, the related Trust Preferred
Securities Optional Redemption Date, Trust Preferred Securities Special Redemption Date or Trust
Preferred Securities Maturity Date, as applicable, shall be a “Distribution Period.”
If any Trust Preferred Securities Payment Date falls on a day that is not a Business Day, then
distributions payable on such date will be paid on the next succeeding Business Day, and no additional
distributions will accrue in respect of any such payment made on the next succeeding Business Day. If
any Trust Preferred Securities Maturity Date, Trust Preferred Securities Optional Redemption Date or
Trust Preferred Securities Special Redemption Date falls on a day that is not a Business Day, then the
principal, premium, if any, and interest payable on such date will be paid on the next succeeding Business
Day, and no additional interest will accrue in respect of such payment made on such next succeeding
Business Day.
Certain Real Estate Entities will have the right to defer payments of interest on its Corresponding
Debentures by extending the interest payment period thereunder, at any time, and from time to time, for
generally up to four (4) (or, in certain cases, six (6) or more) consecutive quarterly periods (each, an
“Extension Period”). No Extension Period will end on a date other than a Trust Preferred Securities
Payment Date of the related Trust Preferred Securities or extend beyond the Trust Preferred Securities
Maturity Date, any Trust Preferred Securities Optional Redemption Date or the Trust Preferred Securities
Special Redemption Date of the related Trust Preferred Securities. During any Extension Period, interest
will continue to accrue at the Trust Preferred Securities Rate, and interest on such deferred accrued
interest will also accrue at the Trust Preferred Securities Rate from the date such accrued interest would
have been payable were it not for the Extension Period, each to the extent permitted by law (“Deferred
Interest”). At the end of any such Extension Period, such Real Estate Entity will be required to pay to the
Trust Preferred Securities Issuer, and such Trust Preferred Securities Issuer will be required to pay to the
Issuer, to the extent allocable to the Trust Preferred Securities, all interest then accrued and unpaid on the
Corresponding Debentures (including Deferred Interest).
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