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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Payment Sequence or (y) if, on the related Determination Date, the Pro Rata Special Redemption Conditions are<br />
satisfied, (A) first, to the payment of the Aggregate Outstanding Amounts of each Class of the Notes on a pro<br />
rata basis according to the respective Aggregate Outstanding Amounts thereof, until the Aggregate Outstanding<br />
Amount of the Class A-1 Notes is reduced to U.S.$180,000,000, and (B) second, in accordance with the Note<br />
Payment Sequence thereafter;<br />
(7) (i) during the Reinvestment Period, all remaining funds will be allocated to the Principal Collection<br />
Account for the acquisition of Substitute Collateral Debt Obligations and (ii) after the Reinvestment Period in<br />
the case of Unscheduled Principal Payments and Sale Proceeds of Credit Risk Obligations and Credit Improved<br />
Obligations received during the related Due Period, at the sole discretion of the Collateral Manager and in<br />
accordance with the Reinvestment Criteria and subject to the Additional Reinvestment Conditions, to the<br />
Principal Collection Account for the acquisition of additional Collateral Debt Obligations;<br />
(8) after the Reinvestment Period, to make payments in accordance with the Note Payment Sequence;<br />
(9) to the payment of the amounts referred to in clauses (14) and (17) through (19) of "—Distributions of<br />
Interest Proceeds" above, in the sequence stated therein and only to the extent not paid in full thereunder;<br />
(10) to the payment of the Collateral Management Incentive Fees, if any; and<br />
(11) any remaining funds shall be distributed to the Preferred Share Paying Agent (for payment to holders<br />
of the Preferred Shares pursuant to the Preferred Share Documents to the extent legally permitted).<br />
If, on any Distribution Date, the amount available in the Payment Account is insufficient to make the full<br />
amount of the disbursements required pursuant to the Indenture, the Trustee will make the disbursements called for<br />
in the order and according to the priority set forth above under "—Priority of Payments—Distributions of Interest<br />
Proceeds" and "—Priority of Payments—Distributions of Principal Proceeds" to the extent funds are available<br />
therefor.<br />
Liquidation of Collateral; Final Distribution<br />
On the Distribution Date in April 2020 (or, if earlier, prior to the Final Distribution Date), the Issuer will direct<br />
the Trustee in writing to sell or liquidate all of the Collateral Debt Obligations in the manner specified by the Issuer,<br />
and all net proceeds from such sales and liquidations and all available cash and all other amounts then credited to the<br />
accounts will be distributed in the order of priorities set forth under "—Priority of Payments—Distributions of<br />
Principal Proceeds" above, except that before payments are made in accordance with this paragraph, the Issuer will<br />
be entitled to retain the amounts deposited in the Initial Capital Amount Account.<br />
USE OF PROCEEDS<br />
The net proceeds from the issuance of the Offered Securities, after payment of applicable fees and expenses in<br />
connection with the structuring and placement of the Offered Securities (including by making a deposit to the<br />
Expense Account of funds to be used to pay expenses following the Closing Date), are expected to be approximately<br />
U.S.$390,000,000 and will be used by the Issuer (i) to fund, both on the Closing Date and after the Closing Date<br />
pursuant to commitments entered into by the Issuer on or prior to the Closing Date for settlement in accordance with<br />
customary settlement terms, the purchase of approximately U.S.$372,000,000 in aggregate principal amount of<br />
Collateral Debt Obligations (at least U.S.$350,000,000 of which are expected to be owned by the Issuer on the<br />
Closing Date) and (ii) to fund a U.S.$2,000,000 deposit to the Interest Reserve Account (to be applied as described<br />
under "Security for the Notes—Accounts—Interest Reserve Account").<br />
The sum of all remaining proceeds (together with other funds available therefor) will be deposited into the<br />
Principal Collection Account as Principal Proceeds and thereafter will be used by the Issuer to fund the purchases of<br />
additional Collateral Debt Obligations so that on or before the Effective Date the Issuer will have a portfolio of<br />
Collateral Debt Obligations in an aggregate principal amount of approximately U.S.$386,000,000.<br />
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