SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
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additional amounts is subject to a contingency or determined by reference to a formula<br />
or index, or (ii) periodic cash interest is also payable.<br />
"Accrued Fixed Amount" means, for the purposes of a Series of Securities, an amount,<br />
expressed in the Currency of Issue, equal to the amount which would have been payable<br />
by the Counterparty to the Issuer under the credit derivative transaction described in<br />
Section A of the Charged Agreement (based on the fixed rate, day count fraction and<br />
calculation amount as set out therein) in respect of the period from (and including) the<br />
Interest Payment Date immediately preceding the Event Determination Date (or, in the<br />
case of the first Interest Period, the Interest Commencement Date) to (but excluding) the<br />
Event Determination Date (as may be converted at the relevant spot rate, if necessary).<br />
"Adjustment Rounding Amount" means an amount (if any) equal to the difference<br />
between the absolute value of the Early Redemption Adjustment and the liquidation<br />
value of such whole number of Deliverable Obligations as are not required to be<br />
Delivered by the Counterparty pursuant to the definition of "Portfolio".<br />
"Affiliate" has the meaning ascribed to it in the 2002 ISDA Master Agreement.<br />
"Alternative Cash Settlement Amount" has the meaning given to it in Condition<br />
CL7(b) (Physical Settlement).<br />
"Alternative Cash Settlement Date" has the meaning given to it in Condition CL7(b)<br />
(Physical Settlement).<br />
"Assignable Loan" means a Loan that is capable of being assigned or novated to, at a<br />
minimum, commercial banks or financial institutions (irrespective of their jurisdiction<br />
of organisation) that are not then a lender or a member of the relevant lending syndicate,<br />
without the consent of the relevant Reference Entity or the guarantor, if any, of such<br />
Loan (or the consent of the applicable borrower if a Reference Entity is guaranteeing<br />
such Loan) or any agent, and, if specified as applicable to a Deliverable Obligation<br />
Category, the Assignable Loan Deliverable Obligation Characteristic shall be applicable<br />
only in respect of obligations within that Deliverable Obligation Category that are<br />
Loans.<br />
"Bankruptcy" means a Reference Entity (a) is dissolved (other than pursuant to a<br />
consolidation, amalgamation or merger); (b) becomes insolvent or is unable to pay its<br />
debts or fails or admits in writing in a judicial, regulatory or administrative proceeding<br />
or filing its inability generally to pay its debts as they become due; (c) makes a general<br />
assignment, arrangement or composition with or for the benefit of its creditors; (d)<br />
institutes or has instituted against it a proceeding seeking a judgment of insolvency or<br />
bankruptcy or any other relief under any bankruptcy or insolvency law or other similar<br />
law affecting creditors' rights, or a petition is presented for its winding up or liquidation,<br />
and, in the case of any such proceeding or petition instituted or presented against it,<br />
such proceeding or petition (i) results in a judgment of insolvency or bankruptcy or the<br />
entry of an order for relief or the making of an order for its winding up or liquidation or<br />
(ii) is not dismissed, discharged, stayed or restrained in each case within 30 calendar<br />
days of the institution or presentation thereof; (e) has a resolution passed for its winding<br />
up, official management or liquidation (other than pursuant to a consolidation,<br />
amalgamation or merger); (f) seeks or becomes subject to the appointment of an<br />
administrator, provisional liquidator, conservator, receiver, trustee, custodian or other<br />
similar official for it or for all or substantially all its assets; (g) has a secured party take<br />
possession of all or substantially all its assets or has a distress, execution, attachment,<br />
sequestration or other legal process levied, enforced or sued on or against all or<br />
substantially all its assets and such secured party maintains possession, or any such<br />
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