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Attentus CDO I Offering Circular - Irish Stock Exchange

Attentus CDO I Offering Circular - Irish Stock Exchange

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Interest on the Senior Notes and Distributions on the Subordinated Notes<br />

The Class A-1 Notes will bear interest at a floating rate per annum equal to LIBOR plus 0.37%.<br />

The Class A-2 Notes will bear interest at a floating rate per annum equal to LIBOR plus 0.46%. The<br />

Class B Notes will bear interest at a floating rate per annum equal to LIBOR plus 0.78%. The Class C-1<br />

Notes will bear interest at a floating rate per annum equal to LIBOR plus 1.20%. The Class C-2A Notes<br />

will bear interest at a floating rate per annum equal to LIBOR plus 1.45%. The Class C-2B Notes will<br />

bear interest at a fixed rate of 6.707% per annum prior to and including the Distribution Date occurring in<br />

May 2011 and at a floating rate per annum equal to LIBOR plus 1.45% thereafter. The Class D Notes will<br />

bear interest at a floating rate per annum equal to LIBOR plus 2.75%. The Class E Notes will bear<br />

interest at a floating rate per annum equal to LIBOR plus 5.25%. Interest on the Notes will be computed<br />

on the basis of a 360-day year and the actual number of days elapsed.<br />

Interest will accrue on the Aggregate Outstanding Principal Amount of each Class of Senior<br />

Notes (determined as of the first day of each Interest Period and after giving effect to any redemption or<br />

other payment of principal occurring on such day) from the Closing Date. Interest accruing for any<br />

Interest Period will accrue for the period from and including the first day of such Interest Period to and<br />

including the last day of such Interest Period. In the event that any date identified as a Distribution Date,<br />

Redemption Date or Stated Maturity falls on a day other than a Business Day, the Distribution Date,<br />

Redemption Date or Stated Maturity shall be deemed to be the next succeeding Business Day and with<br />

respect to any Senior Notes, interest that accrues with respect to the period from and after any such<br />

identified date to such next succeeding Business Day shall be payable on such next succeeding Business<br />

Day.<br />

Payments of interest on the Notes will be payable in U.S. dollars quarterly in arrears on<br />

November 10 th , February 10 th , May 10 th and August 10 th of each year commencing on August 10 th , 2006<br />

(each a “Distribution Date”); provided, that (i) the final Distribution Date with respect to the Notes shall<br />

be the Distribution Date occurring in May 2036, and (ii) if any such date is not a Business Day, the<br />

relevant Distribution Date will be the next succeeding Business Day.<br />

So long as any Class of Senior Notes is outstanding, if any Coverage Test applicable to such<br />

Class of Senior Notes is not satisfied on any Determination Date relating to any Distribution Date, then<br />

funds that would otherwise be used to make payments in respect of interest on any Class of Notes<br />

Subordinate to such Class will be used instead to redeem, first, each Class (if any) of Notes Senior to such<br />

Class of Notes (sequentially in direct order of seniority) and, second, such Class of Notes, until each<br />

applicable Coverage Test is satisfied. See “Description of the Offered Notes—Priority of Payments.”<br />

Any interest on the Class C-1 Notes that is not paid when due by operation of the Priority of<br />

Payments will be deferred (such interest being referred to herein as “Class C-1 Deferred Interest”);<br />

provided, that no accrued interest on the Class C-1 Notes shall become Class C-1 Deferred Interest unless<br />

a more Senior Class of Notes is then outstanding. Any interest so deferred will be added to the Aggregate<br />

Outstanding Principal Amount of the Class C-1 Notes and thereafter interest will accrue on the Aggregate<br />

Outstanding Principal Amount of the Class C-1 Notes, as so increased. So long as any Class A Notes or<br />

Class B Notes are outstanding, the failure on any Distribution Date to make payment in respect of interest<br />

on the Class C-1 Notes by reason of the operation of the Priority of Payments will not constitute an Event<br />

of Default under the Indenture. Unless otherwise specified herein, any reference to the principal amount<br />

of a Class C-1 Note includes any Class C-1 Deferred Interest added thereto. Upon the payment of Class<br />

C-1 Deferred Interest previously capitalized as additional principal, the Aggregate Outstanding Principal<br />

Amount of the Class C-1 Notes will be reduced by the amount of such payment.<br />

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