07.03.2014 Views

PROSPECTUS ARLO II Limited - Irish Stock Exchange

PROSPECTUS ARLO II Limited - Irish Stock Exchange

PROSPECTUS ARLO II 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.

the Issuer, the Trustee, the Noteholders, the<br />

Principal Paying Agent, the Paying Agent and all<br />

other persons when and as they occur or they are<br />

made or taken under or in connection with the<br />

Charged Agreement pursuant to its terms, without<br />

further notice or determination hereunder.<br />

33. Amendment to Condition 9 (Events<br />

of Default):<br />

34. Depositary Account:<br />

Condition 9(b) shall be amended by the inclusion of<br />

the words “which are materially adverse to the<br />

interests of the Noteholders” immediately following<br />

the words “the relevant Trust Deed”.<br />

The Depositary Account shall be the Issuer<br />

Depositary Account and/or the Trustee Depositary<br />

Account, as the context may require, and the<br />

definition of “Depositary Account” shall be<br />

construed accordingly.<br />

The “Issuer Depositary Account” means an<br />

account in the name of the Custodian for and on<br />

behalf of the Issuer opened and maintained with the<br />

Sub-Custodian, the account number of which shall<br />

be notified in writing by the Custodian to the Issuer,<br />

the Trustee and the Swap Counterparty from time to<br />

time.<br />

The “Trustee Depositary Account” means an<br />

account in the name of the Custodian for and on<br />

behalf of the Trustee opened and maintained with<br />

the Sub-Custodian, the account number of which<br />

shall be notified in writing by the Custodian to the<br />

Issuer, the Trustee and the Swap Counterparty from<br />

time to time.<br />

For the purposes of holding the Charged Assets, the<br />

Sub-Custodian has opened and maintained a subcustody<br />

account in the name of the Custodian (in<br />

respect of the Issuer Depositary Account) with the<br />

Alternative Clearing System (the “Issuer Sub-<br />

Custody Account”) and has opened and<br />

maintained a sub-custody account in the name of the<br />

Custodian (in respect of the Trustee Depositary<br />

Account) with the Alternative Clearing System (the<br />

“Trustee Sub-Custody Account”). The Issuer Sub-<br />

Custody Account and the Trustee Sub-Custody<br />

Account are each opened and maintained with the<br />

Alternative Clearing System under the JGB Book-<br />

Entry System of BOJ under and in accordance with<br />

the Transfer of Corporate Debt Securities Law and<br />

Regulations.<br />

“BOJ” means the Bank of Japan.<br />

“Transfer of Corporate Debt Securities Law and<br />

Regulations” means the Law Concerning Book-<br />

24

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

Saved successfully!

Ooh no, something went wrong!