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.

7.11 Exercise of Warrants and Options<br />

The Collateral Manager, acting on behalf of the Issuer, may exercise a warrant or option<br />

attached to a Collateral Debt Obligation or comprised in a Collateral Enhancement Obligation and<br />

shall request the Trustee to instruct the Account Bank to make any necessary payment pursuant to a<br />

duly completed Acquisition/Disposal Order (as defined in the Collateral Management Agreement).<br />

7.12 Margin <strong>Stock</strong><br />

The Collateral Management Agreement requires that the Issuer or the Collateral Manager,<br />

acting on behalf of the Issuer, will sell any Collateral Debt Obligation, Defaulted Equity Security or<br />

Collateral Enhancement Obligation which is, or at any time becomes, Margin <strong>Stock</strong> as soon as<br />

practicable following such event.<br />

7.13 Redemption or Purchase of the Notes<br />

In the event of an optional redemption of the Notes in whole or upon receipt of notification<br />

from the Trustee of the enforcement of the security over the Collateral or the purchase of the Notes<br />

of any Class by the Issuer, the Issuer, or the Collateral Manager acting on behalf of the Issuer, will<br />

(at the direction of the Trustee following the enforcement of such security), as far as practicable,<br />

arrange for liquidation of the Collateral in order to procure that the proceeds thereof are in<br />

immediately available funds by the Business Day prior to the applicable Redemption Date or date of<br />

purchase and sell all or part of the Portfolio, as applicable, without regard to the foregoing<br />

limitations, subject always to any limitations or restrictions set out in the Conditions of the Notes<br />

and the Trust Deed.<br />

7.14 Block Trades<br />

The requirements set out in this Section 7 (Management of the Portfolio) shall be deemed to be<br />

satisfied upon any sale and/or purchase of Collateral Debt Obligations on any day in the event that<br />

such Collateral Debt Obligations satisfy such requirements in aggregate rather than on an individual<br />

basis.<br />

7.15 Eligible Investments<br />

The Collateral Manager, acting on behalf of the Issuer, may from time to time purchase Eligible<br />

Investments out of the Balances standing to the credit of the Accounts, provided that no such Eligible<br />

Investment may be purchased at a price above par and provided further that, such Eligible<br />

Investment shall not have a maturity beyond the next Payment Date if the Collateral Manager, acting<br />

on behalf of the Issuer, determines that such Eligible Investment shall be used to make payments<br />

pursuant to the Priorities of Payment on such Payment Date.<br />

7.16 Synthetic Securities<br />

Synthetic Securities may not be acquired by the Issuer and comprise a part of the Portfolio<br />

unless and until the programme of activities of Natexis Asset Management is extended by the<br />

Autorité des Marches Financier (or any relevant successor authority) to cover the management of<br />

these assets, in accordance with applicable French law and regulations (or any other Collateral<br />

Manager of the Issuer has such regulatory authority in respect of such assets at the relevant time).<br />

Subject as provided in the preceding paragraph, the Collateral Manager, acting on behalf of the<br />

Issuer, may from time to time acquire Collateral Debt Obligations which are Synthetic Securities. A<br />

Synthetic Security is a security denominated in Euro which may be a swap transaction including,<br />

without limitation, a credit default swap, total return swap, debt security, security issued by a trust or<br />

similar vehicle or other investment (excluding any equity investment) purchased from or entered into<br />

by the Issuer with a Synthetic Counterparty, the returns on which (as determined by the Collateral<br />

Manager) are linked to the credit of one or more Reference Obligations but which may provide for a<br />

different maturity, payment dates, interest rate, credit exposure or other credit or non-credit related<br />

characteristics than such Reference Obligation(s).<br />

The entry into, or acquisition of, any Synthetic Security will be subject to Rating Agency<br />

Confirmation from S&P, which confirmation shall specify whether any Synthetic Security entered into<br />

or acquired shall be treated as a Senior Secured Loan, a Second Lien Loan or a Mezzanine<br />

177

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

Saved successfully!

Ooh no, something went wrong!