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Attentus CDO I Offering Circular - Irish Stock Exchange

Attentus CDO I Offering Circular - Irish Stock Exchange

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Proceeds (in accordance with paragraph (7) above) to pay principal of the Notes, to the payment<br />

of principal of, first, the Class A-1 Notes, second, the Class A-2 Notes, third, the Class B Notes,<br />

fourth, the Class C-1 Notes, fifth, the Class C-2A Notes and Class C-2B Notes, pro rata, and sixth,<br />

the Class D Notes;<br />

(13) to the payment of Class D Deferred Interest in respect of the Class D Notes (in<br />

reduction of the principal amount of the Class D Notes);<br />

(14) to the payment of accrued and unpaid interest on the Class E Notes (including<br />

Defaulted Interest and interest thereon, if any, but excluding any Class E Deferred Interest);<br />

(15) (a) if either Class E Coverage Test is not satisfied on the related Determination<br />

Date and if any Senior Notes remain outstanding, to the payment of principal of, first, the Class<br />

A-1 Notes, second, the Class A-2 Notes, third, the Class B Notes, fourth, the Class C-1 Notes,<br />

fifth, the Class C-2A Notes and Class C-2B Notes, pro rata, sixth, the Class D Notes and seventh,<br />

the Class E Notes, to the extent necessary to cause each of the Class E Coverage Tests to be<br />

satisfied on the related Determination Date, and (b) on the first Distribution Date on or after the<br />

Ramp-Up Completion Date, if a Ramp-Up Ratings Confirmation Failure has occurred, in the<br />

event that the Issuer is unable to obtain a Ratings Confirmation after the application of<br />

Uninvested Proceeds and Interest Proceeds (in accordance with paragraph (7) above) to pay<br />

principal of the Notes, to the payment of principal of, first, the Class A-1 Notes, second, the Class<br />

A-2 Notes, third, the Class B Notes, fourth, the Class C-1 Notes, fifth, the Class C-2A Notes and<br />

Class C-2B Notes, pro rata, sixth, the Class D Notes and seventh, the Class E Notes;<br />

(16) to the payment of Class E Deferred Interest in respect of the Class E Notes (in<br />

reduction of the principal amount of the Class E Notes);<br />

(17) to the payment of any termination payments (and any accrued interest thereon)<br />

payable by the Issuer to the Hedge Counterparties pursuant to the Hedge Agreements by reason<br />

of an “Event of Default” or “Termination Event” as to which such Hedge Counterparty is the<br />

“Defaulting Party” or the sole “Affected Party”;<br />

(18) to the payment of all other accrued and unpaid administrative expenses of the<br />

Issuer (excluding any Collateral Management Fee) not paid pursuant to paragraph (2) above<br />

(whether as the result of the limitations on amounts set forth therein or otherwise), in the order of<br />

priority specified therein;<br />

(19) to the payment to the Collateral Manager of accrued and unpaid Subordinate<br />

Collateral Management Fee;<br />

(20) on each Distribution Date on or after the Distribution Date in November 2008, to<br />

and including the Distribution Date in May 2016, to the payment, pro rata, of principal of the<br />

Class D Notes and the Class E Notes until each such Class of Notes has been paid in full;<br />

provided, that all payments made pursuant to this paragraph (20) shall not exceed on any<br />

Distribution Date an amount equal to 25% of the Interest Proceeds available after application of<br />

such Interest Proceeds pursuant to paragraph (19) above;<br />

(21) on any Distribution Date occurring after the Distribution Date in May 2016, to<br />

the payment, pro rata, of principal of, the Class A-1 Notes, the Class A-2 Notes, the Class B<br />

Notes, the Class C-1 Notes, the Class C-2 Notes (pro rata between the Class C-2A Notes and the<br />

Class C-2B Notes), the Class D Notes and the Class E Notes, until each such Class of Senior<br />

69

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