07.03.2014 Views

VALLAURIS II CLO PLC - Irish Stock Exchange

VALLAURIS II CLO PLC - Irish Stock Exchange

VALLAURIS II CLO PLC - Irish Stock Exchange

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Coverage Tests would each be satisfied if recalculated following such<br />

application, to the extent only that all other amounts required to be transferred<br />

to the Payment Account in accordance with this Condition 3(i) (Accounts) for<br />

application on such Payment Date in accordance with Condition 3(c)(i)<br />

(Application of Interest Proceeds) and 3(c)(ii) (Application of Principal Proceeds)<br />

would be insufficient to cause each such Coverage Test to be satisfied upon<br />

recalculation following such application;<br />

(c)<br />

(d)<br />

in the event of the occurrence of an Effective Date Rating Event the Balance<br />

standing to the credit of the Additional Collateral Account will, on the first<br />

Business Day prior to the Payment Date (and each subsequent Payment Date to<br />

the extent required) falling immediately after the Initial Effective Date or Final<br />

Effective Date, as applicable, be transferred as Principal Proceeds to the<br />

Payment Account and shall be applied in redemption of the Class I Senior<br />

Notes, the Class <strong>II</strong> Senior Notes and the Class <strong>II</strong>I Mezzanine Notes in<br />

accordance with the Priorities of Payment to the extent necessary until an<br />

Effective Date Rating Event is no longer continuing;<br />

upon confirmation by the Rating Agencies of the Initial Ratings assigned to the<br />

Rated Notes of each Class after the Final Effective Date, the Balance standing<br />

to the credit of the Additional Collateral Account shall, at the discretion of the<br />

Collateral Manager, acting on behalf of the Issuer, be paid to the Interest<br />

Account or the Principal Account for reinvestment in Substitute Collateral Debt<br />

Obligations, provided that the amount paid to the Interest Account pursuant to<br />

this paragraph (d) shall neither (i) exceed an amount equal to one per cent. of<br />

the aggregate principal amount outstanding of the Notes Outstanding at the<br />

relevant time nor (ii) reduce the CDO Principal Balance to an amount less than<br />

the Target Par Amount;<br />

(e) all interest accrued on the Additional Collateral Account to the Interest<br />

Account; and<br />

(f) amounts required for the purchase of Notes pursuant to Condition 7(i)<br />

(Purchase of Notes by the Issuer).<br />

(E)<br />

Collateral Enhancement Account<br />

The Issuer will procure that the following amounts are paid into the Collateral<br />

Enhancement Account:<br />

(1) on each Payment Date, all amounts of interest and principal payable in respect<br />

of the Subordinated Notes which the Collateral Manager, acting on behalf of<br />

the Issuer, determines at its discretion shall be applied in payment into the<br />

Collateral Enhancement Account pursuant to, respectively, paragraph (X) of<br />

Condition 3(c)(i) (Application of Interest Proceeds) and paragraph (P) of<br />

Condition 3(c)(ii) (Application of Principal Proceeds), subject to the limit<br />

specified in such paragraphs;<br />

(2) all Distributions and Sale Proceeds (including any proceeds of liquidation)<br />

received in respect of the Collateral Enhancement Obligations; and<br />

(3) the proceeds of each Collateral Manager Advance to the extent not applied in<br />

the acquisition of or exercise of rights under Collateral Enhancement<br />

Obligations.<br />

The Balance standing to the credit of the Collateral Enhancement Account from<br />

time to time may be applied (in whole or in part) by the Collateral Manager,<br />

acting on behalf of the Issuer:<br />

(a) in the acquisition of any Collateral Enhancement Obligations or the<br />

exercise of any rights thereunder in accordance with the Collateral<br />

Management Agreement;<br />

101

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

Saved successfully!

Ooh no, something went wrong!