VALLAURIS II CLO PLC - Irish Stock Exchange
VALLAURIS II CLO PLC - Irish Stock Exchange
VALLAURIS II CLO PLC - Irish Stock Exchange
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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 />
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