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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Account and the Principal Account and out of which the amounts required to be paid on each<br />
Payment Date each as provided pursuant to the Priorities of Payment shall be paid.<br />
‘‘Payment Date’’ means 26 March and 26 September in each year, commencing 26 March 2007,<br />
the Maturity Date and any Redemption Date. If any Payment Date would otherwise fall on a day<br />
which is not a Business Day, it shall be postponed to the next day that is a Business Day.<br />
‘‘Person’’ means an individual, corporation (including a business trust), partnership, joint<br />
venture, association, joint stock company, trust (including any beneficiary thereof), unincorporated<br />
association or government or any agency or political subdivision thereof.<br />
‘‘Portfolio’’ means the Collateral Debt Obligations, Collateral Enhancement Obligations,<br />
Defaulted Equity Securities and Eligible Investments held by or on behalf of the Issuer from time to<br />
time.<br />
‘‘Portfolio Profile Tests’’ means the Portfolio Profile Tests defined as such in the Collateral<br />
Management Agreement.<br />
‘‘Potential Event of Default’’ means any condition, event or act which, with the lapse of time<br />
and/or the issue, making or giving of any notice, certification, declaration and/or request and/or the<br />
taking of any similar action and/or the fulfilment of any similar condition would constitute an Event<br />
of Default.<br />
‘‘Pre-Approved Form’’ means the form of 1992 ISDA Master Agreement (Multicurrency Cross-<br />
Border) or 2002 ISDA Master Agreement (or such ISDA pro forma Master Agreement as may be<br />
published by ISDA from time to time), together with the Schedule and, where the context admits, the<br />
Confirmations relating thereto to be entered into from time to time between the Issuer and any<br />
Currency Swap Counterparty or, as the case may be, Interest Rate Hedge Counterparty in connection<br />
with the Issuer’s payment obligations under the Notes evidencing the Currency Swap Transaction or,<br />
as the case may be, Interest Rate Hedge Transactions entered into by the Issuer from time to time, in<br />
respect of the form and terms of which Rating Agency Confirmation has been obtained, as such Pre-<br />
Approved Form may be amended from time to time, subject to the receipt of Rating Agency<br />
Confirmation in respect thereto.<br />
‘‘Presentation Date’’ means a day which is a Business Day in the jurisdiction in which the<br />
account specified by the payee is open and in which the Note is presented for payment.<br />
‘‘Principal Account’’ means a sub-account of the Collection Account created in the ledgers of the<br />
Account Bank to which Principal Proceeds are to be credited.<br />
‘‘principal amount outstanding’’ of a Note of any Class on any date shall be (i) the initial<br />
principal amount thereof, plus (ii) any Deferred Interest deferred pursuant to Condition 6(c) (Deferral<br />
of Interest), less (iii) the aggregate of all principal payments (including Deferred Interest in respect of<br />
such Note) thereof at such date.<br />
‘‘Principal Balance’’ means, (1) with respect to any Collateral Debt Obligation as of any date of<br />
determination, the outstanding principal amount thereof (including any par accretion amount linked<br />
to Mezzanine Obligations and Purchased Accrued Interest) and (2) with respect to any Eligible<br />
Investment, as of any date of determination, the principal amount outstanding thereof (including any<br />
par accretion amount pursuant to the terms of such Eligible Investment), provided however that:<br />
(a) the Principal Balance of any Defaulted Equity Security shall be deemed to be zero;<br />
(b) the Principal Balance of any Collateral Debt Obligation which is or has become a<br />
Defaulted Obligation shall be the lower of the Market Value and the Recovery Value<br />
relating to such Defaulted Obligation;<br />
(c) the Principal Balance of any Current Pay Obligation shall be deemed to be 95 per cent. of<br />
its Market Value;<br />
(d) the Principal Balance of any Collateral Debt Obligation or Eligible Investment (other than<br />
a Collateral Debt Obligation or Eligible Investment of the type referred to in paragraph<br />
(b) above) that is a zero coupon bond shall be the accreted value thereof;<br />
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