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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Payments<br />
Payments in respect of principal of and interest on any Note will be made to the person in whose<br />
name such Note is registered fifteen days prior to the applicable Distribution Date (the “Record Date”).<br />
Payments on each Note will be payable by wire transfer in immediately available funds to a Dollar<br />
account maintained by the Holder thereof in accordance with wire transfer instructions received by any<br />
paying agent appointed under the Indenture (each, a “Paying Agent”) on or before the Record Date or, if<br />
no wire transfer instructions are received by a Paying Agent in respect of such Note, by a Dollar check<br />
drawn on a bank in the United States mailed to the address of the Holder of such Note as it appears on the<br />
Note Register at the close of business on the Record Date for such payment. Final payments in respect of<br />
principal of the Notes will be made against surrender of such Notes at the office of the Paying Agent.<br />
If any payment on the Notes is due on a day that is not a Business Day, then payment will be<br />
made on the next succeeding Business Day with the same force and effect as if made on the date for<br />
payment. For this purpose, “Business Day” means a day on which commercial banks and foreign<br />
exchange markets settle payments in each of New York City, London and the city in which the principal<br />
corporate trust office of the Trustee is located and, in the case of the final payment of principal of a Note,<br />
the place of presentation of such Note. To the extent action is required of the Issuer that has not been<br />
delegated to the Trustee, the Collateral Manager or any agent of the Issuer located outside of the Cayman<br />
Islands, the Cayman Islands shall be considered in determining “Business Day” for purposes of<br />
determining when such Issuer action is required. To the extent action is required of the <strong>Irish</strong> Paying<br />
Agent, Dublin, Ireland shall be considered in determining “Business Day” for purposes of determining<br />
when such <strong>Irish</strong> Paying Agent action is required.<br />
For so long as any Notes are listed on the <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong> and the rules of such exchange<br />
shall so require, the Co-Issuers will maintain a Paying Agent with respect to such Notes with an office<br />
located in Dublin, Ireland.<br />
Except as otherwise required by applicable law, any money deposited with the Trustee or any<br />
Paying Agent in trust for the payment of principal of or interest on any Note and remaining unclaimed for<br />
two years after such principal or interest has become due and payable shall be paid to the Issuer upon<br />
request by the Issuer therefor, and the Holder of such Note shall thereafter, as an unsecured general<br />
creditor, look to the Issuer for payment of such amounts and all liability of the Trustee or such Paying<br />
Agent with respect to such trust money shall thereupon cease. The Trustee or the Paying Agent, before<br />
being required to make any such release of payment may, but shall not be required to, adopt and employ,<br />
at the expense of the Issuer, any reasonable means of notification of such release of payment, including<br />
mailing notice of such release to Holders whose Notes have been called but have not been surrendered for<br />
redemption or whose right to or interest in monies due and payable but not claimed is determinable from<br />
the records of any Paying Agent, at the last address of record of each such Holder.<br />
Priority of Payments<br />
With respect to any Distribution Date, collections received during each Due Period in respect of<br />
the Collateral (except, during the Reinvestment Period, Permitted Sale Proceeds and Permitted Principal<br />
Proceeds to the extent reinvested during such Due Period or subject to a Reinvestment Designation) will<br />
be divided into Interest Proceeds and Principal Proceeds and applied in the order of priority set forth<br />
below under “—Interest Proceeds” and “—Principal Proceeds,” respectively (collectively, the “Priority of<br />
Payments”).<br />
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