Attentus CDO I Offering Circular - Irish Stock Exchange
Attentus CDO I Offering Circular - Irish Stock Exchange
Attentus CDO I Offering Circular - Irish Stock Exchange
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Confidentiality; Limitations on Available Information. In connection with the purchase of certain<br />
Collateral Debt Securities, the Issuer may be required to enter into one or more confidentiality agreements<br />
regarding certain information received with respect to the Trust Preferred Securities Issuers, the<br />
Subordinated Securities Issuers, the Senior Securities Issuers and/or certain other parties relating to such<br />
Collateral Debt Securities. As a result thereof, the ability of the Issuer, or the Collateral Manager on<br />
behalf of the Issuer, to provide certain information to Holders regarding the Collateral Debt Securities<br />
may be restricted or limited. The Issuer, or the Collateral Manager on behalf of the Issuer, will be<br />
obligated to provide certain non-confidential information regarding the Collateral Debt Securities and the<br />
issuers thereof to Holders upon their request therefor.<br />
Valuation Information. Neither the Issuer nor any other party will be required to provide periodic<br />
pricing or valuation information to investors.<br />
Certain Conflicts of Interest<br />
The activities of the Collateral Manager, the Initial Purchaser and their respective affiliates may<br />
result in certain conflicts of interest.<br />
Conflicts of Interest Involving the Collateral Manager. Various potential and actual conflicts of<br />
interest may arise from the overall, advisory, investment and other activities of the Collateral Manager<br />
and its affiliates for their own accounts or for their respective client accounts. The Collateral Manager, its<br />
affiliates and their respective clients may invest in securities that would be appropriate as security for the<br />
Senior Notes, and they have no duty in making such investments to act in a way that is favorable to the<br />
Issuer or the Holders of Notes. Such investments or purchases may be different from those made by the<br />
Issuer. The Collateral Manager may in the future serve as collateral manager or advisor or sub-advisor<br />
for other collateralized bond obligation vehicles and/or collateralized loan obligation vehicles (or the<br />
like). In addition, affiliates and clients of the Collateral Manager may invest in securities that are senior<br />
to, or have interests different from or adverse to, the securities that are pledged to secure the Senior Notes.<br />
The Collateral Manager and/or its affiliates may at certain times be seeking to purchase or dispose of<br />
investments for its respective accounts, or any similar entities for which it serves as manager or advisor<br />
and for its other clients or affiliates, at the same time that is evaluating the collateral for the Senior Notes<br />
or seeking to sell such collateral.<br />
Neither the Collateral Manager nor any of its affiliates is under any obligation to offer investment<br />
opportunities of which they become aware to the Issuer or to account to the Issuer for (or share with the<br />
Issuer or inform the Issuer of) any such transaction or any benefit received by them from any such<br />
transaction or to inform the Issuer of any investments before offering any investments to other funds or<br />
accounts that the Collateral Manager and/or its affiliates manage or advise. Furthermore, the Collateral<br />
Manager and/or its affiliates may make an investment on behalf of any account that they manage or<br />
advise without offering the investment opportunity to the Issuer. The Collateral Manager and/or its<br />
affiliates have no affirmative obligation to offer any investments to the Issuer or to inform the Issuer of<br />
any investments before offering any investments to other funds or accounts that the Collateral Manager<br />
and/or its affiliates manage or advise. Furthermore, the Collateral Manager and its affiliates may make an<br />
investment on their own behalf without offering the investment opportunity to the Issuer. Affirmative<br />
obligations may exist or may arise in the future, whereby the Collateral Manager and/or its affiliates are<br />
obligated to offer certain investments to funds or accounts that they manage or advise, although the<br />
Collateral Manager will not have any affirmative obligation to offer those investments to the Issuer. The<br />
Collateral Manager and its affiliates also have no affirmative obligation to inform the Issuer of any<br />
investments before engaging in any investments for themselves. The Collateral Manager may inform the<br />
Issuer of investment opportunities in securities or other assets that it has declined to invest in for its own<br />
account, the account of any of its affiliates or the account of its other clients. In the event a conflict<br />
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