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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elevant authorities for the amount so required to be withheld or deducted. Neither the Issuer nor any<br />
Paying Agent will be obliged to make any additional payments to holders of Notes in respect of such<br />
withholding or deduction.<br />
9. Prescription<br />
Claims for principal in respect of Global Notes shall become void unless the relevant Global Notes are<br />
presented for payment within ten years of the appropriate relevant date. Claims for interest in respect of<br />
Global Notes shall become void unless the relevant Global Notes are presented for payment within five<br />
years of the appropriate relevant date.<br />
Claims for principal and interest in respect of Definitive Notes shall become void unless made within ten<br />
years, in the case of principal, and five years, in the case of interest, of the appropriate relevant date.<br />
In this Condition 9, the “relevant date” means the date on which a payment first becomes due, but if the<br />
full amount of the moneys payable has not been received by the relevant Paying Agent or the Note Trustee<br />
on or prior to such date, it means the date on which the full amount of such moneys shall have been so<br />
received, and notice to that effect shall have been duly given to the Noteholders in accordance with<br />
Condition 15 (Notice to Noteholders).<br />
10. Note Events of Default<br />
(a) Eligible Noteholders: If any of the events mentioned in sub-paragraphs (A) to (E) inclusive below<br />
shall occur (each such event being, a “Note Event of Default”) the Note Trustee at its absolute<br />
discretion may, and if so requested in writing by the “Eligible Noteholders”, being:<br />
(i) the holders of not less than 25 per cent. in aggregate of the Principal Amount Outstanding of the<br />
Class A Notes then outstanding; or<br />
(ii) if there are no Class A Notes outstanding, the holders of not less than 25 per cent. in aggregate of<br />
the Principal Amount Outstanding of the Class B Notes then outstanding; or<br />
(iii) if there are no Class A Notes and Class B Notes outstanding, the holders of not less than 25 per<br />
cent. in aggregate of the Principal Amount Outstanding of the Class C Notes then outstanding; or<br />
(iv) if there are no Class A Notes, Class B Notes and Class C Notes outstanding, the holders of not less<br />
than 25 per cent. in aggregate of the Principal Amount Outstanding of the Class D Notes then<br />
outstanding; or<br />
(v) if there are no Class A Notes, Class B Notes, Class C Notes and Class D Notes outstanding, the<br />
holders of not less than 25 per cent. in aggregate of the Principal Amount Outstanding of the Class<br />
E Notes then outstanding,<br />
provided that, if the Principal Amount Outstanding of any class of Notes the holders of which are, for<br />
the time being, the most senior class of Notes outstanding is less than 10 per cent. of the Principal<br />
Amount Outstanding of such class as at the Closing Date, the holders of the Notes of such class<br />
together with the next most senior class of Notes then outstanding (if any) (other than the Class X<br />
Notes and the Class V Notes) shall together constitute the Eligible Noteholders and any direction to be<br />
given by the Eligible Noteholders in such circumstances shall be given by the holders of the Notes of<br />
both such classes acting together as a single class; or, if so directed by or pursuant to an Extraordinary<br />
Resolution of the most senior class of Noteholders (other than the Class X Noteholders or the Class V<br />
Noteholders) then outstanding (or if the Principal Amount Outstanding of any class of Notes the<br />
holders of which are, for the time being, the most senior class of Notes outstanding has been reduced to<br />
less than 10 per cent. of the Principal Amount Outstanding of such class as at the Closing Date, an<br />
Extraordinary Resolution of the holders of the Notes of such class together with the holders of the next<br />
most senior class of Notes then outstanding (if any) (other than the Class X Notes and the Class V<br />
Notes) voting together as a single class) shall, and in any case aforesaid, subject to the Note Trustee<br />
being indemnified and/or secured to its satisfaction, give notice (a “Note Enforcement Notice”) to the<br />
Issuer declaring all the Notes to be due and repayable:<br />
(A) default is made for a period of three days in the payment of the principal of, or default is made<br />
for a period of five days in the payment of interest on, any Class A Note; or, if there are no<br />
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