07.03.2014 Views

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

the applicable column of the table below based upon the period of time between certification and the expected date<br />

of sale:<br />

Number of Business Days Between<br />

Certification and Expected Sale<br />

Collateral Type 1 to 2 3 to 5 6 to 15<br />

Cash and Eligible <strong>Investment</strong>s................................................................... 100% 100% 100%<br />

Loans (other than loans with a Market Value of less than 90% of<br />

the Principal Balance thereof)................................................................ 93% 92% 88%<br />

Bonds rated "B3/B-" or higher (other than bonds with a Market<br />

Value of less than 90% of the Principal Balance thereof)...................... 89% 85% 75%<br />

Loans with a Market Value of less than 90% of the Principal<br />

Balance thereof...................................................................................... 80% 73% 60%<br />

Bonds rated "Caa1/CCC+" or lower and Bonds rated "B3/B-" or<br />

higher with a Market Value of less than 90% of the Principal<br />

Balance thereof...................................................................................... 75% 65% 45%<br />

Any notice of Optional Redemption or Tax Redemption may be withdrawn by the Issuer up to the fourth<br />

Business Day prior to the scheduled Redemption Date by written notice to the Trustee, the Collateral Manager, each<br />

Hedge Counterparty and the Preferred Share Paying Agent (for forwarding to the holders of the Preferred Shares)<br />

only if the Collateral Manager does not deliver evidence to the Trustee that the Issuer has entered into the sale<br />

agreement or agreements or provided the certifications referred to above, as the case may be. At the cost of the<br />

Issuer, notice of any such withdrawal will be given by the Trustee to each holder of Notes and Preferred Shares to be<br />

delivered to such holder's address in the Note Register or the register maintained under the Preferred Share<br />

Documents, as the case may be, if possible, by overnight courier guaranteeing next day delivery and otherwise by<br />

first class mail, sent not later than the second Business Day prior to the scheduled Redemption Date. If a<br />

counterparty to a forward agreement relating to the sale of a Collateral Debt Obligation fails to consummate the<br />

purchase contemplated therein in whole or in part by the Business Day prior to the scheduled Redemption Date, and<br />

as a result of such failure, there would not be sufficient funds available to the Issuer to consummate such scheduled<br />

redemption in accordance with the Priority of Payments, any failure to consummate such scheduled redemption on<br />

such Redemption Date under such circumstances will not constitute a Default or an Event of Default.<br />

For so long as any Class of Notes is listed on the <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong> and the rules thereof so require, notice of<br />

any such withdrawal will be published via the Company Announcement Office of the <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong> or as<br />

otherwise required by the rules of the <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong> and, in the case of Notes in global form, as applicable,<br />

delivery of the relevant notice will be made for communication by such Clearing Agency to the holders of interests<br />

in the relevant Notes in global form.<br />

The amount payable in connection with a redemption of any Note or Preferred Share (the "Redemption Price")<br />

will be, when used with respect to (i) any Class of Notes to be redeemed pursuant to the Indenture, an amount equal<br />

to 100% of the Aggregate Outstanding Amount of such Notes, together with accrued and unpaid interest thereon at<br />

the applicable Note Interest Rate to the Redemption Date and (ii) any Preferred Shares to be redeemed, the amount<br />

of the proceeds of the Collateral remaining, if any, after giving effect to the redemption of the Notes and the<br />

payment of, or establishment of a reserve for, all prior amounts in accordance with the Priority of Payments.<br />

All Notes and Preferred Shares that are redeemed or paid and surrendered for cancellation as described herein<br />

will be canceled and may not be reissued or resold.<br />

Required Disposition<br />

Notwithstanding any other provision hereof, if the Issuer reasonably determines in good faith that a holder or<br />

beneficial owner of the Offered Securities does not have the status that it purports to have and such holder or<br />

beneficial owner is not otherwise qualified to hold such Offered Securities, the Issuer will have the right to require<br />

such holder or beneficial owner to dispose of such holder's or beneficial owner's Offered Securities to a person or<br />

entity that is qualified to hold such Offered Securities immediately upon receipt of a notice from the Issuer that such<br />

holder or beneficial owner is not so qualified.<br />

55

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!