LCP Proudreed PLC - Irish Stock Exchange
LCP Proudreed PLC - Irish Stock Exchange
LCP Proudreed PLC - Irish Stock Exchange
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• a copy of the relevant extract of the minutes of any property management meetings<br />
relating to material matters with respect to the Secured Property in its Property<br />
Portfolio held during that quarter;<br />
• a summary of any rent reviews and lease renewals in progress or agreed during that<br />
quarter;<br />
• copies of all material correspondence with insurance brokers and insurers handling the<br />
insurance of any Secured Property in its Property Portfolio, in respect of claims or<br />
liabilities where the potential liabilities or claims exceed £250,000;<br />
• details of any potential occupational tenant of any Secured Property in its Property<br />
Portfolio if the value of the annual rent is in excess of £100,000 per annum and any<br />
potential buyer of any Secured Property in its Property Portfolio;<br />
• details of any proposed Minor Development the cost (excluding VAT) of which is<br />
estimated to be, when aggregated with the cost (excluding VAT) of all other Minor<br />
Developments in respect of the relevant Borrower’s Property Portfolio, in excess of<br />
4 per cent. (in the case of <strong>LCP</strong> Real Estate) or 9 per cent. (in the case of <strong>Proudreed</strong> Real<br />
Estate) of the applicable Reference Amount in respect of the relevant Borrower’s<br />
Property Portfolio in any Reference Period;<br />
• details of any proposed Development the cost (excluding VAT) of which is estimated to<br />
be in excess of the greater of £250,000 and 10 per cent. of the Estimated Rental Value<br />
of the relevant Secured Property;<br />
• details of situations where it has become entitled to serve any notice on any former<br />
tenant of any Occupational Lease; and<br />
• the aggregate amount of due but outstanding payments relating to Secured Properties<br />
within its Property Portfolio;<br />
• if a Loan Event of Default or a Potential Loan Event of Default has occurred and is<br />
continuing, obtain a full Valuation Report of the Secured Properties at the cost of the<br />
Borrower, from an Approved Valuer appointed by the Borrower Security Trustee;<br />
• forward to the Borrower Security Trustee written confirmation from the relevant insurer or<br />
underwriter (or any broker acting for the relevant Borrower in connection with such<br />
insurance) of any renewal of any Insurance Policy within one month of such renewal;<br />
• supply to, inter alios, the Issuer, the Rating Agencies, the Liquidity Facility Provider, the<br />
Hedging Providers and the Borrower Security Trustee, ongoing updated financial statements<br />
and certain other information with respect to itself; and<br />
• in the event that an Information Meeting is held, if requested and subject to appropriate<br />
reasonable prior notice, send one or more representatives to that Information Meeting,<br />
provided that it shall not be required to send any representatives to more than one meeting<br />
per calendar year.<br />
Each set of accounts, financial documents and certain other documents to be delivered by or on behalf of<br />
the Borrowers as described above will also be delivered to, inter alios, the Rating Agencies, the Hedging<br />
Providers, the Liquidity Facility Provider and (if so requested) the Issuer Security Trustee.<br />
Financial Covenants<br />
Pursuant to the terms of the relevant Commercial Mortgage Loan Agreement, each Borrower will<br />
covenant and undertake to ensure that, from and including the Closing Date, in respect of the Historical<br />
Calculation Period ended on the immediately preceding Loan Calculation Date or the Forward-Looking<br />
Calculation Period beginning on the immediately preceding Loan Calculation Date, as the case may be,<br />
neither the Historical ICR nor the Projected ICR is less than 1.2:1.<br />
The Financial Covenants will be tested by or on behalf of each Borrower on each Loan Calculation Date<br />
(and the results will be notified to, inter alios, the Borrower Security Trustee on the same day),<br />
commencing on the Loan Calculation Date falling in February 2006, by reference to the financial<br />
information delivered by the relevant Borrower.<br />
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