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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(xvii) seventeenth, to pay to the Advance Provider or, as the case<br />
may be, the Backup Advance Provider, any Subordinated<br />
Advance Amounts with respect to the Libra Loan; and<br />
(xviii) eighteenth, to pay any surplus to the Issuer and, if the<br />
directors of the Issuer so resolve, and the Issuer may<br />
lawfully do so, to pay dividends to shareholders in the<br />
Issuer.<br />
“Forward Swap Subordinated Amounts” means any termination<br />
amount due to the Swap Provider under the Swap Agreement to the<br />
extent relating to the Forward Swap.<br />
On any Payment Date, including post-enforcement, on which<br />
principal amounts are due and payable on the Class X Notes or the<br />
Class V Notes, the Cash Manager will instruct the Operating Bank<br />
to pay such amounts from the Class X Account and the Class V<br />
Account, respectively, in accordance with the Conditions, the Note<br />
Trust Deed and the Cash Management Agreement. On any<br />
Payment Date, including post-enforcement, on which interest is<br />
due and payable on the Class V Notes, such interest will be paid<br />
from the Class V Account in accordance with the Conditions, the<br />
Note Trust Deed and the Cash Management Agreement.<br />
To the extent that Available Funds on any Payment Date, after<br />
paying any interest then due and payable on the most senior class<br />
of Notes then outstanding (other than the Class V Notes), are<br />
insufficient to pay in full interest due on any outstanding class or<br />
classes of more junior-ranking Notes (other than the Class V<br />
Notes), the shortfall in the interest amount then due and payable<br />
will be paid, in accordance with the Sequential Priority of<br />
Payments, on one or more subsequent Payment Dates if Available<br />
Funds on such Payment Date or Payment Dates are sufficient to<br />
pay such amounts.<br />
B. Distribution of the Pro Rata<br />
Principal Prepayment Amount ............... On each Payment Date prior to a Sequential Prepayment Trigger in<br />
respect of which the Principal Prepayment Amount is greater than<br />
zero, the Cash Manager will allocate and distribute the Pro Rata<br />
Principal Prepayment Amount from Available Funds in the<br />
Collection Account pro rata to each class of Notes then<br />
outstanding (other than the Class X Notes and the Class V Notes)<br />
based upon the respective Principal Amount Outstanding of each<br />
such class of Notes and the aggregate Principal Amount<br />
Outstanding of the Notes (other than the Class X Notes and the<br />
Class V Notes) on such Payment Date, in each case after taking<br />
into account application of (i) the Principal Amortisation Amount<br />
and (ii) the Pre-Trigger Sequential Principal Prepayment Amount<br />
for such Payment Date in accordance with the Sequential Priority<br />
of Payments.<br />
C. Expenses ............................................... Expenses with respect to the Libra Loan and the Notes are required<br />
to be calculated and paid by the Cash Manager prior to any<br />
distribution to the Noteholders in the manner and priority set forth<br />
under “The Structure of the Accounts—The Issuer’s Accounts”<br />
below.<br />
Security for the Notes................................ The obligations of the Issuer to Secured Parties will be secured,<br />
inter alia, by and pursuant to a deed of charge and assignment (the<br />
“Deed of Charge and Assignment”) governed by English law or,<br />
35