VALLAURIS II CLO PLC - Irish Stock Exchange
VALLAURIS II CLO PLC - Irish Stock Exchange
VALLAURIS II CLO PLC - Irish Stock Exchange
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
(H)<br />
Currency Accounts<br />
The Issuer will procure that all amounts received in respect of (1) any Non-Euro<br />
Obligations and (2) Currency Swap Transactions (other than in Euro) are paid into<br />
the appropriate Currency Account in the currency of receipt thereof.<br />
The Issuer will procure payment of the following amounts (and shall ensure that<br />
payment of no other amount is made) out of the appropriate Currency Account:<br />
(a) at any time, all amounts payable by the Issuer to the Currency Swap<br />
Counterparty under any Currency Swap Transaction;<br />
(b) at any time, any amount payable by the Issuer upon entry into a Replacement<br />
Currency Swap Agreement in accordance with the Collateral Management<br />
Agreement up to an amount equal to the Currency Swap Termination Receipts<br />
received by the Issuer upon termination of the Currency Swap Agreement which<br />
is being replaced, except for:<br />
(AA) in the event that the Issuer, following consultation with the Collateral<br />
Manager (acting on behalf of the Issuer), determines not to replace a<br />
Currency Swap Agreement or certain transactions thereunder and Rating<br />
Agency Confirmation is received in respect of such determination; or<br />
(BB) if a Currency Swap Agreement is terminated on a Redemption Date<br />
pursuant to Conditions 7(a) (Final Redemption), 7(b) (Optional<br />
Redemption), 7(g) (Redemption upon Failure to Appoint a Replacement<br />
Collateral Manager) or 10 (Events of Default) and Currency Swap<br />
Termination Receipts are payable on a Redemption Date; or<br />
(CC) to the extent that such Currency Swap Termination Receipts are not<br />
required for application towards costs of entry into a Replacement<br />
Currency Swap Agreement,<br />
the Balance in the case of paragraphs (AA) to (CC) (inclusive) above standing<br />
to the credit of the appropriate Currency Account that comprises Currency<br />
Swap Termination Receipts in relation to the Currency Swap Agreement being<br />
terminated and replaced shall be converted into Euro by the Collateral<br />
Manager, acting on behalf of the Issuer, and transferred to the Principal<br />
Account in accordance with paragraph (12) of Condition 3(i)(A) (Principal<br />
Account);<br />
(c) on the Business Day prior to any Redemption Date in the event of redemption<br />
of the Notes in whole, all amounts standing to the credit of any Currency<br />
Account received by the Issuer under any Non-Euro Obligation other than any<br />
periodic payments or other payments in the nature of interest, to the extent not<br />
subject to the terms of a Currency Swap Agreement, shall be converted into<br />
Euro by the Collateral Manager, acting on behalf of the Issuer, and transferred<br />
to the Principal Account for disbursement as Principal Proceeds in accordance<br />
with Condition 3(c)(ii) (Application of Principal Proceeds); and<br />
(d) all other amounts on account of interest received in respect of Non-Euro<br />
Obligations (including accrued interest included in the amount of any Sale<br />
Proceeds received in respect of a Non-Euro Obligation) and interest accrued on<br />
the Currency Accounts to the extent not subject to the terms of a Currency<br />
Swap Agreement, which are converted into Euros by the Collateral Manager,<br />
acting on behalf of the Issuer, in accordance with the Collateral Management<br />
Agreement, to the Interest Account.<br />
Pursuant to the Collateral Management Agreement, the Collateral Manager<br />
may, acting on behalf of the Issuer, enter into foreign exchange transactions to<br />
convert any non-Euro amounts which are payable into the Principal Account or<br />
Interest Account into Euro on the date of receipt thereof.<br />
103