Octagon Investment Partners IX, Ltd. JPMorgan - Irish Stock Exchange
Octagon Investment Partners IX, Ltd. JPMorgan - Irish Stock Exchange
Octagon Investment Partners IX, Ltd. JPMorgan - Irish Stock Exchange
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"Class A-2 Note Interest Rate" means the per annum rate equal to three-month LIBOR plus 0.37%; provided<br />
that, for the period from the Closing Date to the end of the initial Interest Accrual Period, LIBOR will be determined<br />
by interpolating linearly between (i) four-month LIBOR and (ii) five-month LIBOR.<br />
"Class B Note Interest Rate" means, with respect to the Class B Notes, the per annum rate equal to three-month<br />
LIBOR plus 0.65%; provided that for the period from the Closing Date to the end of the initial Interest Accrual<br />
Period, LIBOR will be determined by interpolating linearly between (i) four-month LIBOR and (ii) five-month<br />
LIBOR.<br />
"Class C Note Interest Rate" means, with respect to the Class C Notes, the per annum rate equal to three-month<br />
LIBOR plus 1.58%; provided that, for the period from the Closing Date to the end of the initial Interest Accrual<br />
Period, LIBOR will be determined by interpolating linearly between (i) four-month LIBOR and (ii) five-month<br />
LIBOR.<br />
"Collateral Administration Agreement" means the Collateral Administration Agreement, dated as of the Closing<br />
Date, by and among the Issuer, the Collateral Manager and the Collateral Administrator.<br />
"Collateral Administrator" means U.S. Bank National Association, solely in its capacity as Collateral<br />
Administrator under the Collateral Administration Agreement and not individually, unless a successor Person shall<br />
have become the Collateral Administrator pursuant to the applicable provisions of the Collateral Administration<br />
Agreement, and thereafter Collateral Administrator will mean such successor Person.<br />
"Collateral Assignment of Interest Rate Hedge" means the Collateral Assignment of Interest Rate Hedge,<br />
substantially in the form of Exhibit I of the Indenture, among the Issuer, the Trustee and a Hedge Counterparty<br />
pursuant to which the Issuer grants to the Trustee, for the benefit of the Secured Parties, all of the Issuer's right, title<br />
and interest in and to an Interest Rate Hedge, as from time to time amended in accordance with the terms of the<br />
Indenture.<br />
"Collection Accounts" means the Interest Collection Account and the Principal Collection Account.<br />
"Controlling Class" means (i) so long as the Class A-1 Notes are outstanding, the Class A-1 Notes; (ii) after the<br />
Class A-1 Notes are no longer outstanding and so long as the Class A-2 Notes are outstanding, the Class A-2 Notes;<br />
(iii) after the Class A Notes are no longer outstanding and so long as the Class B Notes are outstanding, the Class B<br />
Notes; and (iv) after the Class A Notes and the Class B Notes are no longer outstanding and so long as the Class C<br />
Notes are outstanding, the Class C Notes.<br />
"Corporate Family Rating" means with respect to an issuer of a Collateral Debt Obligation, an obligor in respect<br />
thereof or a guarantor that unconditionally and irrevocably guarantees such Collateral Debt Obligation, the senior<br />
implied rating (including "corporate family rating") of such issuer, obligor or guarantor as assigned by Moody's<br />
from time to time.<br />
"Corporate Trust Office" means the designated corporate trust office of the Trustee, currently located at One<br />
Federal Street, Third Floor, Boston, Massachusetts 02110, Attention: Corporate Trust Services/CDO Unit—<br />
<strong>Octagon</strong> <strong>IX</strong> CLO, telephone number 617-603-6500 or such other address within the United States as the Trustee<br />
may designate from time to time by notice to the Secured Parties, the Collateral Manager and the Issuer or the<br />
principal corporate trust office within the United States of any successor Trustee.<br />
"Credit Improved Obligation" means, on any date of determination, any Collateral Debt Obligation that in the<br />
Collateral Manager's commercially reasonable business judgment, has significantly improved in credit quality or<br />
price since the date on which such Collateral Debt Obligation was purchased by the Issuer; provided that if (i) the<br />
rating of either the Class A-1 Notes or the Class A-2 Notes has been reduced by Moody's by one or more rating<br />
subcategories from that in effect on the Closing Date or withdrawn by Moody's (unless it subsequently has been<br />
upgraded or reinstated to at least the rating assigned on the Closing Date), or (ii) the rating of either the Class B<br />
Notes or Class C Notes has been reduced by Moody's by two or more rating subcategories from that in effect on the<br />
Closing Date or withdrawn by Moody's (unless it subsequently has been upgraded or reinstated to at least one rating<br />
subcategory below the rating assigned on the Closing Date), then such Collateral Debt Obligation will be considered<br />
a Credit Improved Obligation only if (A) in the case of any Floating Rate Collateral Debt Obligation, the instrument<br />
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