ROCKALL CLO B.V. - Irish Stock Exchange
ROCKALL CLO B.V. - Irish Stock Exchange
ROCKALL CLO B.V. - Irish Stock Exchange
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(c)<br />
(iv)<br />
(v)<br />
(vi)<br />
(vii)<br />
11. Enforcement<br />
(a)<br />
(b)<br />
premium and interest thereon, to be due and payable and, upon any such declaration,<br />
the same shall become and be immediately due and payable.<br />
If at any time: (i) the VF Notes have been declared to be due and payable prior to their<br />
stated maturity as a result of the occurrence of an event of default pursuant to their<br />
terms, (ii) the Trustee or the relevant Noteholders (as applicable) have declared the<br />
relevant Notes to be due and payable solely due to the occurrence of an event of<br />
default under the VF Notes, (iii) the VF Noteholders rescind and annul the<br />
acceleration of maturity of the VF Notes and its consequences and (iv) any past<br />
amounts payable on the relevant Notes are paid in full (other than any Blocked Junior<br />
Note Interest) then, notwithstanding the provision of Condition 11(b) (Enforcement),<br />
the acceleration of maturity of the relevant Class of Notes and its consequences shall<br />
be rescinded and annulled without any action on the part of the Issuer, the Trustee or<br />
the relevant Class of Noteholders.<br />
If an Event of Default occurs and is continuing, the Trustee shall upon the written<br />
direction of the Controlling Class pursuant to an Intercreditor Approval, and may, in its<br />
discretion, pursue any available remedy by proceeding at law or in equity to collect the<br />
payment of principal of or premium (if applicable), interest, commitment fees (if any) or<br />
breakage costs (if any) on the Notes or to enforce the performance of any provision<br />
(including any obligation of payment or performance) of the Notes or the Trust Deed;<br />
provided, however, that such remedy is not inconsistent with any of the subordination<br />
restrictions set forth therein or with the provisions of the Intercreditor Arrangements.<br />
The Senior Outstanding Class acting by Extraordinary Resolution may by notice to the<br />
Security Trustee, waive an existing Default or Event of Default and its consequences<br />
(including rescinding acceleration), except a Default or Event of Default in the<br />
payment of principal of or premium (if applicable), interest, commitment fees (if any) or<br />
breakage costs (if any) on any Note (other than principal or interest which has<br />
become due as a result of acceleration), which must be waived by each affected<br />
Noteholder. A cross-default to another Class of Notes may be waived by the Senior<br />
Outstanding Class acting by Extraordinary Resolution. Any waiver of any Default or<br />
Event of Default in respect of any covenant or obligation of the Issuer (including any<br />
obligation of payment) to or for the benefit of the Trustee shall also require the<br />
express written consent of the Trustee. When a Default or Event of Default is waived,<br />
it is deemed cured and ceases to exist (but only with respect to the facts or<br />
circumstances that gave rise to such Default or Event of Default).<br />
Upon any notice being given to the Issuer in accordance with Condition 10(b)(i)<br />
(Acceleration and Curing Default), all of the Notes shall immediately become due and<br />
repayable at their applicable Redemption Prices.<br />
Notification and Confirmation of No Default<br />
The Issuer shall promptly notify the Trustee, the Collateral Manager and the Rating Agencies<br />
upon becoming aware of the occurrence of an Event of Default. The Trust Deed contains<br />
provision for the Issuer to provide written confirmation to the Trustee and the Rating Agencies<br />
on an annual basis or on request that no Event of Default has occurred and that no condition,<br />
event or act has occurred which, with the lapse of time and/or the issue, making or giving of<br />
any notice, certification, declaration and/or request and/or the taking of any similar action<br />
and/or the fulfilment of any similar condition could constitute an Event of Default and that no<br />
other matter which is required (pursuant thereto) to be brought to the Trustee's attention has<br />
occurred.<br />
Security becoming Enforceable<br />
The security constituted under the Security Documents over the Collateral shall become<br />
enforceable upon an acceleration of the maturity of any of the Notes pursuant to<br />
Condition 10(b) (Acceleration and Curing Default) or, in the event that the same has not<br />
precipitated an acceleration under Condition 10(b) (Acceleration and Curing Default), upon the<br />
service of a Liquidation Direction pursuant to the Intercreditor Arrangements.<br />
Enforcement<br />
At any time after the security under the Security Documents becomes enforceable, the Trustee<br />
shall, at the direction of the Controlling Class, in accordance with the Intercreditor<br />
Arrangements and without further notice, institute such proceedings against the Issuer as<br />
instructed by the Controlling Class to enforce the terms of the Security Documents and the<br />
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