Titan Europe 2007-1 (NHP) Limited - Irish Stock Exchange
Titan Europe 2007-1 (NHP) Limited - Irish Stock Exchange
Titan Europe 2007-1 (NHP) Limited - Irish Stock Exchange
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• relate to a particular Payment Date,<br />
• begin when the prior Collection Period ends (or in the case of<br />
the first Collection Period, will begin on the Closing Date),<br />
and<br />
• end at 5:00 p.m. (London time) on the 19 th calendar day of the<br />
same month as such Payment Date.<br />
Interest Accrual Period .............................. The amount of interest payable with respect to each class of Notes<br />
on any Payment Date will be related to the interest accrued during<br />
the related Interest Accrual Period. The “Interest Accrual<br />
Period” in respect of any Payment Date will be the period from<br />
and including the 20 th calendar day of each January, April, July and<br />
October (each, an “Interest Accrual Date”) up to, but excluding,<br />
the next following Interest Accrual Date, provided that the first<br />
Interest Accrual Period will begin on the Closing Date.<br />
Acquisition of the Libra Loan ................... On 3 April <strong>2007</strong>, the Libra Whole Loan was transferred from CS<br />
Funding 1 <strong>Limited</strong>, which was the “Original Lender”, to Libra<br />
<strong>2007</strong> (<strong>NHP</strong>) <strong>Limited</strong>, the “Loan Seller”.<br />
On the Closing Date, the Issuer will enter into an English law Loan<br />
Sale Agreement (the “Loan Sale Agreement”) relating to the Libra<br />
Loan with, among others, the Loan Seller, the Loan Arranger and<br />
the Note Trustee to acquire the Libra Loan, together with a<br />
beneficial interest in the Related Security, from the Loan Seller.<br />
Representations and Warranties ................ The Loan Sale Agreement will contain certain representations and<br />
warranties given by the Loan Arranger to the Issuer in relation to<br />
the Libra Loan and the Related Security. See “The Libra Loan and<br />
Properties—Loan Sale Agreement—Representations and<br />
Warranties”. The Loan Arranger will be required, if there has been<br />
a breach of any such warranty under the Loan Sale Agreement that<br />
materially and adversely affects the value of the Libra Loan and<br />
such breach is not capable of remedy, or, if capable of remedy, has<br />
not been remedied within 90 days of the Servicer or the Special<br />
Servicer notifying the Loan Arranger of such breach (or such<br />
longer period as the Issuer, the Servicer, Special Servicer (in the<br />
case of the Libra Loan becoming a Specially Serviced Loan) may<br />
agree), taking into account a written confirmation from S&P and<br />
Fitch (following notification to all the Rating Agencies) that no<br />
Adverse Rating Event will occur as a result of any such extended<br />
period or, if a Rating Agency has notified the Servicer or Special<br />
Servicer that, as a matter of policy, it will not issue such a<br />
confirmation, the Servicer or the Special Servicer, as applicable,<br />
determines that such extension would not be inconsistent with the<br />
Servicing Standard, to repurchase (or participate in) the Libra Loan<br />
from the Issuer.<br />
In the event the Loan Arranger is required to repurchase the Libra<br />
Loan, the repurchase price to be paid by the Loan Arranger will be<br />
an amount equal to 100 per cent. of the then outstanding principal<br />
balance of the Libra Loan, plus accrued interest and outstanding<br />
expenses plus any amount of outstanding Servicing Advances and<br />
P&I Advances (including interest) made with respect to the Libra<br />
Loan and, without duplication, all accrued and unpaid Servicing<br />
Fees or Special Servicing Fees allocable to the Libra Loan. Any<br />
such repurchase (or participation) would result in a redemption of<br />
the Notes in accordance with Condition 6(b) (Mandatory<br />
Redemption from Principal Distribution Amounts, Sequential<br />
17