Titan Europe 2007-1 (NHP) Limited - Irish Stock Exchange

which (whether alone or in combination with any other substance) and including (without limitation) any
controlled, special, hazardous, toxic, radioactive or dangerous waste, is capable of causing harm to any living
organism or damaging the Environment or public health.
“Default” means:
(a) a Loan Event of Default; or
(b) an event which would be (with the expiry of a grace period, the giving of notice or the making of any
determination under the Loan Documents or any combination of them) a Loan Event of Default.
“Due Date” means 15 th January, 15 th April, 15 th July and 15 th October in each year and the Loan Maturity
Date, with the first Due Date being 15 July 2007. If, however, any such day is not a Loan Business Day under
the Libra Whole Loan, the Due Date will instead be the next Loan Business Day in that calendar month (if there
is one) or the preceding Loan Business Day under the Libra Whole Loan (if there is not).
“Duty of Care Agreement” means the duty of care agreement dated on or about the date of the Credit
Agreement amongst Propco 10 (in its capacity as the Managing Agent), each other Property Owner, the
Borrower, and the Security Agent, and any other duty of care agreement between a managing agent and the
Security Agent.
“Engineering Report” means any or all of the condition overview reports prepared by King Sturge LLP
relating to inspections carried out between 22 November 2006 and 12 December 2006, of a sample number of
50 of the Properties.
“Environment” means all, or any of, the following media: the air (including, without limitation, the air
within buildings and the air within other natural or man-made structures above or below ground), water
(including, without limitation, ground and surface water) and land (including, without limitation, surface and
sub-surface soil).
“Environmental Approval” means any authorisation required by any Environmental Law.
“Environmental Claim” means any claim by any person:
(a) in respect of any loss or liability suffered or incurred by that person as a result of or in connection with
any violation of Environmental Law; or
(b) that arises as a result of or in connection with Environmental Contamination and that is capable of
giving rise to any remedy or penalty (whether interim or final) that may be enforced or assessed by
private or public legal action or administrative order or proceedings including, without limitation, any
such claim that arises from injury to persons or property.
“Environmental Contamination” means each of the following and their consequences:
(a) any release, emission, leakage or spillage of any Dangerous Substance at or from any Property into any
part of the Environment;
(b) any accident, fire, explosion or sudden event at any Property which is directly caused by or attributable
to any Dangerous Substance; or
(c) any other pollution of the Environment arising at or from any Property.
“Environmental Law” means all laws and regulations concerning pollution, the Environment or
Dangerous Substances.
“Environmental Report” means the report prepared by WSP Environmental UK dated January 2007 and
containing an environmental due diligence of the Properties.
“Facility” means the credit facility made available pursuant to the Credit Agreement, in the aggregate
amount of £1,172,000,000.
“Finance Party” means a Lender, the Swap Provider or the Security Agent.
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