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

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calculation, LIBOR is assumed to be 4.8130 per cent., which is equivalent to the fixed rate payable by the<br />

Borrower under the related Swap Transaction.<br />

“Loan Business Day” means a day (other than a Saturday or a Sunday) on which banks are open for<br />

general business in London.<br />

“Loan Document” means:<br />

(a) the Credit Agreement;<br />

(b) a Security Agreement;<br />

(c) any Hedging Arrangement;<br />

(d) the Guarantee and Subordination Deed;<br />

(e) the Duty of Care Agreement; or<br />

(f) any other document designated as such by the Security Agent and the Borrower,<br />

together, the “Loan Documents”.<br />

“Loan Event of Default” means, in respect of the Libra Whole Loan, an event of default (howsoever<br />

described) under the Credit Agreement.<br />

“Loan Interest Accrual Period” means:<br />

(a) in relation to the Libra Whole Loan, each successive period commencing on and including a Due Date<br />

and ending on the next Due Date to occur; and<br />

(b) in relation to any unpaid sum, each period determined in accordance with the Credit Agreement,<br />

and for the purposes of calculating the amount of interest due in relation to any Loan Interest Accrual<br />

Period, the days comprising that Loan Interest Accrual Period shall include the day on which the Loan Interest<br />

Accrual Period starts but shall exclude the day on which such Loan Interest Accrual Period ends.<br />

“Loan LIBOR” has the meaning, in relation to the Libra Whole Loan or any unpaid sum under a Loan<br />

Document on which interest for a given period is to accrue, given to the term LIBOR as defined in the Credit<br />

Agreement. For the purposes of certain calculations in this document, LIBOR is assumed to be 4.8130 per cent.,<br />

which is equivalent to the fixed rate payable by the Borrower under the related Swap Transaction.<br />

“Loan Maturity Date” means, subject to any extension, 15 January 2009, or, upon extension, 15 January<br />

2010 (or, if that is not a Loan Business Day, the immediately succeeding Loan Business Day).<br />

“Loan Representative” means, in relation to any Loan, any party identified to the Security Agent as<br />

representative of the Lenders participating in that Loan.<br />

“Management Agreement” means any agreement under which a managing agent is appointed (including<br />

each Asset Administration Agreement entered into by Propco 10 in its capacity as Managing Agent with one or<br />

more members of the Borrower Group on each of 10 April 1997, 15 February 1999 and 16 November 1999).<br />

“Managing Agent” means Propco 10, in its capacity as managing agent or property manager of the<br />

Properties pursuant each of the Management Agreements, or any other managing agent appointed by a Property<br />

Owner with the prior consent if, and on terms approved by, the Lenders.<br />

“Material Adverse Effect” means a material adverse effect on:<br />

(a) the business or financial condition of the Borrower Group as a whole;<br />

(b) the ability of any Obligor to perform its obligations under any Loan Document;<br />

(c) the validity or enforceability of any Loan Document; or<br />

78

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