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Attentus CDO I Offering Circular - Irish Stock Exchange

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paper or debt obligations of such holding company) at the time of such investment or contractual<br />

commitment providing for such investment have a credit rating of “Aa3” by Moody’s, “AA-” by<br />

Standard & Poor’s and “AA-” by Fitch, in the case of debt obligations, or “P-1” by Moody, “A-<br />

1+” by Standard & Poor’s and “F1+” by Fitch or better, in the case of commercial paper;<br />

(c) registered securities bearing interest or sold at a discount issued by any corporation under<br />

the laws of the United States of America or any state thereof that have a credit rating of “Aa3” by<br />

Moody’s, “AA-” by Standard & Poor’s and “AA-” by Fitch at the time of such investment or<br />

contractual commitment providing for such investment;<br />

(d) unleveraged repurchase obligations with respect to any security described in clause (a)<br />

above, entered into with a depository institution or trust company (acting as principal) described<br />

in clause (b) or entered into with a corporation (acting as principal) whose short-term debt has a<br />

credit rating of “P-1” by Moody’s, “A-1+” by Standard & Poor’s and “F1+” by Fitch or better at<br />

the time of such investment in the case of any repurchase obligation for a security having a<br />

maturity not more than 183 days from the date of its issuance or whose long-term debt has a<br />

credit rating of “Aa3” by Moody’s, “AA-” by Standard & Poor’s and “AA-” by Fitch or better at<br />

the time of such investment in the case of any repurchase obligation for a security having a<br />

maturity not more than 183 days from the date of its issuance;<br />

(e) commercial paper or other short-term obligations having at the time of such investment a<br />

credit rating of “P-1” by Moody’s, “A-1+” by Standard & Poor’s and, “F1+” by Fitch or better<br />

and either are bearing interest or are sold at a discount from the face amount thereof and that have<br />

a maturity of not more than 183 days from its date of issuance; provided, that in the case of<br />

commercial paper with a maturity of longer than 91 days, the issuer of such commercial paper<br />

(or, in the case of a principal depository institution in a holding company system, the holding<br />

company of such system), if rated by the Rating Agency, must have at the time of such<br />

investment a long-term credit rating of “Aa3” by Moody’s, “AA-” by Standard & Poor’s and,<br />

“AA-” by Fitch;<br />

(f) money market funds with respect to any investments described in clauses (a) through (e)<br />

above having, at the time of such investment, a credit rating of not less than “Aa” and “MR1+”<br />

by Moody’s, “AAAm” or “AAAm-g” by Standard & Poor’s and, “AA” by Fitch; and<br />

(g) so long as JPMorgan Chase Bank, National Association’s short term debt obligations are<br />

rated at least “A-1” by Standard & Poor’s, “P-1” by Moody’s and “F1+” by Fitch, interest<br />

bearing demand cash accounts held at JPMorgan Chase Bank, National Association and, at any<br />

time that JPMorgan Chase Bank, National Association’s short term debt obligations are not rated<br />

at least “A-1” by Standard & Poor’s, “P-1” by Moody’s and “F1+” by Fitch, interest bearing<br />

demand cash accounts at any bank located in the United States, the short term debt obligations of<br />

which are rated at least “A-1” by Standard & Poor’s, “P-1” by Moody’s and “F1+” by Fitch;<br />

provided, that (i) the aggregate amount of funds invested in interest bearing demand cash<br />

accounts held at any bank rated “A-1” by Standard & Poor’s shall not at any time exceed an<br />

amount equal to 20% of the aggregate Outstanding Principal Amount of the Class A-1 Notes at<br />

such time and (ii) no such investment shall have a maturity of greater than 30 days;<br />

provided, that Eligible Investments purchased with funds in the Collection Account, the Discretionary<br />

Interest Shortfall Reserve Account and the Hedge Counterparty Collateral Account shall be held until<br />

maturity except as otherwise specifically provided herein and shall include only such obligations or<br />

securities as mature no later than the Business Day prior to the Distribution Date next succeeding the date<br />

of investment in such obligations or securities, unless such Eligible Investments are issued by the Trustee<br />

149

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