07.03.2014 Views

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!