LCP Proudreed PLC - Irish Stock Exchange
LCP Proudreed PLC - Irish Stock Exchange
LCP Proudreed PLC - Irish Stock Exchange
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(f) any amount raised under any other transaction (including any forward sale or purchase<br />
agreement) having the commercial effect of a borrowing;<br />
(g) any derivative transaction entered into in connection with protection against or benefit from<br />
fluctuation in any rate or price (and, when calculating the value of any derivative transaction,<br />
only the marked to market value shall be taken into account);<br />
(h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, standby or<br />
documentary letter of credit or any other instrument issued by a bank or financial institution;<br />
and<br />
(i) the amount of any liability in respect of any guarantee or indemnity for any of the items<br />
referred to in paragraphs (a) to (h) above;<br />
‘‘Fitch’’ means Fitch Ratings Ltd. or any successor to its rating business;<br />
‘‘Further Class A Notes’’ has the meaning given to it in Condition 20(a) (Issue of Further Notes –<br />
Issue);<br />
‘‘Further Class B Notes’’ has the meaning given to it in Condition 20(a) (Issue of Further Notes –<br />
Issue);<br />
‘‘Further Class C Notes’’ has the meaning given to it in Condition 20(a) (Issue of Further Notes –<br />
Issue);<br />
‘‘Further Class D Notes’’ has the meaning given to it in Condition 20(a) (Issue of Further Notes –<br />
Issue);<br />
‘‘Further Issue’’ means the issue of Further Notes;<br />
‘‘Further Issue Date’’ means the date on which Additional Notes are issued;<br />
‘‘Further Notes’’ means any further Notes issued pursuant to Condition 20 (Issue of Further Notes,<br />
Replacement Notes and New Notes);<br />
‘‘Further Permanent Global Note’’ means, in respect of each Class of Further Notes, the bearer<br />
permanent global note for that Class of Further Note in or substantially in the form scheduled to the<br />
Note Trust Deed;<br />
‘‘Further Temporary Global Note’’ means, in respect of each Class of Further Notes, the bearer<br />
temporary global note for that Class of Note in or substantially in the form scheduled to the Note<br />
Trust Deed;<br />
‘‘Global Notes’’ means the Permanent Global Note and the Temporary Global Note or, where the<br />
context requires, any of them, plus any Further Permanent Global Notes, any Further Temporary<br />
Global Notes, any New Permanent Global Notes and any New Temporary Global Notes, if issued;<br />
‘‘Hedging Agreement’’ means each ISDA Master Agreement (1992 Multi-currency Cross-border<br />
Version), the schedule thereto and each confirmation, each dated on or before the Closing Date<br />
between the Issuer and each Hedging Provider and the transactions effected thereunder, together<br />
the ‘‘Hedging Agreements’’;<br />
‘‘Hedging Credit Support Document’’ means, in respect of each Hedging Agreement and Hedging<br />
Provider, the 1995 ISDA Credit Support Annex (Bilateral Form-Transfer) or such other collateral<br />
agreement as may be entered into between the Issuer and the relevant Hedging Provider in relation<br />
to the relevant Hedging Agreement;<br />
‘‘Hedging Providers’’ means, as at the Closing Date, HSBC Bank plc and Société Générale , acting<br />
through their offices at 8 Canada Square, London, E14 5HQ and Tour S.G., 17 Cours Valmy, 97972<br />
Paris La Defense respectively (or such other replacement parties as may be appointed by the Issuer<br />
in accordance with the Transaction Documents);<br />
‘‘HMRC’’ means Her Majesty’s Revenue & Customs;<br />
‘‘Information Meeting’’ has the meaning given to it in Condition 19(h) (Information Meeting);<br />
‘‘Insolvency Event’’in respect of a company means:<br />
(i) the initiation of or consent to Insolvency Proceedings by such company or any other person or<br />
the presentation of a petition for the making of an administration order (other than in the case<br />
of the Issuer) and, in the opinion of the Note Trustee, such proceedings not being disputed in<br />
good faith with a reasonable prospect of success; or<br />
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