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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Intermediary; and (ii) all other accrued and unpaid Administrative Expenses (including in respect of any<br />
indemnities) (in the order set forth in the definition of such term) including amounts payable by the Issuer to the<br />
Collateral Manager under the Collateral Management Agreement or the Indenture and expenses of the Trustee,<br />
the Preferred Share Paying Agent, the Collateral Administrator and the Securities Intermediary not paid<br />
pursuant to clause (i) of this clause (2); provided that such payments pursuant to clauses (i) and (ii) above shall<br />
be in aggregate limited to payments not to exceed on any Distribution Date the sum of 0.05% per annum<br />
(prorated for the related Interest Accrual Period) of the Principal Collateral Value on the related Determination<br />
Date plus U.S.$220,000 per annum (the limit imposed on clauses (i) and (ii) of this clause (2), the<br />
"Administrative Expense Cap");<br />
(3) on and after the second Distribution Date, for deposit into the Expense Account, at the Collateral<br />
Manager's discretion, up to an amount equal to an amount, if greater than zero, by which (i) the Administrative<br />
Expense Cap on such Distribution Date exceeds (ii) the aggregate payments pursuant to clauses (i) and (ii) of<br />
clause (2) above on such Distribution Date;<br />
(4) to the payment of all accrued and unpaid Hedge Payment Amounts (in the case of any Currency<br />
Hedge, to the extent that there are no funds available in the subaccount applicable to such Currency Hedge<br />
within the Currency Account) (other than amounts due as a result of the termination (or partial termination) of<br />
such Hedge Agreement);<br />
(5) first, to the payment of all accrued and unpaid Base Collateral Management Fees; and second, to the<br />
payment of all accrued and unpaid Base Collateral Management Fee Interest;<br />
(6) to the payment of accrued and unpaid interest on the Class A-1 Notes;<br />
(7) to the payment of accrued and unpaid interest on the Class A-2 Notes;<br />
(8) to the pro rata payment of Hedge Payment Amounts that are due as a result of the termination (or<br />
partial termination) of such Hedge Agreement (in the case of any Currency Hedge, to the extent there are no<br />
funds available in the subaccount applicable to such Currency Hedge within the Currency Account on or prior<br />
to such Distribution Date in connection with such termination) (other than Specified Hedge Termination<br />
Payments, if any);<br />
(9) in the event that any of the Class A Coverage Tests are not satisfied on the related Determination Date,<br />
to make payments in accordance with the Note Payment Sequence, to the extent necessary to cause both<br />
Class A Coverage Tests to be satisfied as of such Determination Date on a pro forma basis after giving effect to<br />
any payments made through this clause (9);<br />
(10) to the payment of accrued and unpaid interest on the Class B Notes and any Class B Deferred Interest;<br />
(11) in the event that any of the Class B Coverage Tests are not satisfied on the related Determination Date,<br />
to make payments in accordance with the Note Payment Sequence, to the extent necessary to cause both<br />
Class B Coverage Tests to be satisfied as of such Determination Date on a pro forma basis after giving effect to<br />
any payments made through this clause (11);<br />
(12) to the payment of accrued and unpaid interest on the Class C Notes and any Class C Deferred Interest;<br />
(13) in the event that any of the Class C Coverage Tests are not satisfied on the related Determination Date,<br />
to make payments in accordance with the Note Payment Sequence, to the extent necessary to cause both<br />
Class C Coverage Tests to be satisfied as of such Determination Date on a pro forma basis after giving effect to<br />
any payments made through this clause (13);<br />
(14) first, to the payment of the Subordinated Collateral Management Fee Interest; and second, to the<br />
payment of the Subordinated Collateral Management Fees, including Subordinated Collateral Management Fees<br />
not paid on any previous Distribution Date;<br />
(15) during the Reinvestment Period, in the event that the Reinvestment Overcollateralization Test is not<br />
satisfied as of the related Determination Date, for deposit into the Principal Collection Account as Principal<br />
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