PROSPECTUS ARLO II Limited - Irish Stock Exchange
PROSPECTUS ARLO II Limited - Irish Stock Exchange
PROSPECTUS ARLO II Limited - Irish Stock Exchange
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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 />
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