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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Swap Agreements...................................... Prior to the Closing Date, the Swap Provider entered into a swap<br />
agreement with the Borrower in the form of the International<br />
Swaps and Derivatives Association Inc. (“ISDA”) 1992 Master<br />
Agreement (Multicurrency-Cross Border) (a “Swap Agreement”).<br />
In relation to the Swap Agreement, the Swap Provider has also<br />
entered into two separate swap confirmations, each evidencing the<br />
terms of a swap transaction, with the Borrower in respect of the<br />
Credit Agreement for the period (a) from the date of origination of<br />
the Libra Whole Loan up to 15 January 2010 (the “Spot Swap”),<br />
and (b) from 15 January 2010 up to 15 January 2017 (the<br />
“Forward Swap” and each of the Spot Swap and the Forward<br />
Swap, a “Swap Transaction” and collectively, the “Swap<br />
Transactions”) (the notional balance of each being equal to the<br />
principal balance of the Libra Whole Loan). The Libra Whole<br />
Loan matures on 15 January 2009, or, upon extension, 15 January<br />
2010.<br />
Pursuant to each Swap Transaction, the Borrower has agreed to<br />
make fixed rate payments against a notional balance which equals<br />
the principal balance of the Libra Whole Loan in exchange for<br />
three-month LIBOR. Save for the payment of any Swap<br />
Subordinated Amount, payments on the Spot Swap will be paid in<br />
priority to amounts payable on the Libra Whole Loan; payments on<br />
the Forward Swap relating to the Libra Whole Loan will be paid<br />
subordinate to payments of principal and interest on the Class A<br />
Notes and the Class X Notes (as to interest only).<br />
In addition, on or before the Closing Date, the Issuer will enter into<br />
a swap agreement with the Swap Provider in the form of the ISDA<br />
1992 Master Agreement (Multicurrency-Cross Border) (the “Basis<br />
Swap Agreement”). In relation to the Basis Swap Agreement, the<br />
Swap Provider has entered into a swap confirmation with respect to<br />
the Libra Loan (the “Basis Swap Confirmation”) evidencing the<br />
terms of such swap transaction (the “Basis Swap Transaction”),<br />
pursuant to which the Issuer will swap LIBOR as calculated on the<br />
reset date for amounts payable under the Libra Loan for LIBOR as<br />
calculated on the reset date for amounts payable in respect of the<br />
Notes. The Basis Swap Confirmation has an effective date of 15<br />
April <strong>2007</strong> and a termination date of 20 January 2010.<br />
See further “Description of the Swap Transactions” below.<br />
Advances ................................................... Subject to the limitations described below, the Advance Provider<br />
and the Backup Advance Provider will make, as to the Libra Loan<br />
and the Properties, in each case in accordance with the terms of the<br />
Servicing Agreement:<br />
(a) advances (“P&I Advances”) in respect of the aggregate of all<br />
amounts to be received by the Issuer on the Libra Loan during<br />
any Loan Interest Accrual Period (other than the Balloon<br />
Payment and any amounts received or receivable under the<br />
Libra Loan due to any voluntary or mandatory prepayments<br />
thereunder) and any Assumed Scheduled Payments, net of<br />
related Special Servicing Fees due or deemed due, as the case<br />
may be, in respect of the Libra Loan, on their respective Due<br />
Dates during (or deemed to be due during) the related<br />
Collection Period to the extent such amounts were not paid by<br />
or on behalf of the related Borrower or otherwise collected<br />
(including as net income from MIP Properties) as of the close<br />
of business on the last day of the related Loan Interest Accrual<br />
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