WWW.THESIS.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Thesis, documentation, books
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 9 | 10 || 12 | 13 |   ...   | 32 |

«Carrera Capital Finance Limited (incorporated with limited liability in Jersey) and Carrera Capital Finance LLC (organized with limited liability in ...»

-- [ Page 11 ] --

(ix) to the extent not already described in Condition 6(a)(i) to (viii), all accounts, chattel paper, instruments, letters of credit, letter-of-credit rights, documents, financial assets, investment property, deposit accounts, general intangibles and other obligations of any kind, and all supporting obligations and other rights now or hereafter existing in and to all security agreements, guarantees, leases, and other contracts securing, guaranteeing or otherwise relating to any such accounts, chattel paper, instruments, letters of credit, letter-of-credit rights, documents, investment property, deposit accounts, general intangibles or obligations;

(x) all accessions and additions to, and substitutions and replacements for, any of the foregoing, and all Proceeds, products, income, rents and profits of any of the foregoing, including any indemnity or warranty or payable by reason of loss, nonconformity, interference with the use of, defects or infringement of rights in, or damage to, any of the foregoing; and (xi) all books, correspondence, records, statements and other documents relating to any of the foregoing, including all tapes, diskettes, computer runs and other papers and documents in the possession or control of the Issuer or any computer bureau or processor from time to time acting for the Issuer.

(b) Limited Recourse: Notwithstanding the foregoing, the parties hereto agree that the Security Trustee shall not have a security interest in any asset which is the subject of a Repo Transaction, until such asset is repurchased by the Issuer pursuant to the terms thereof (it being understood and agreed however, that the Security Trustee shall have a security interest in the Issuer's redelivery rights with respect to such asset).

(c) Assigned Documents: As security for the payment and discharge of the Secured Obligations and to the extent not effectively charged pursuant to Condition 6(a), the Issuer with full title guarantee has assigned absolutely to the Security Trustee (for the benefit of the Secured

Creditors):

–  –  –

(each, an "Assigned Document" and together, the "Assigned Documents"). For the avoidance of doubt, the Issuer will remain at all times liable in respect of all of its obligations under each of the Assigned Documents to the same extent as if the Charges had not been created and neither the Security Trustee, any other Secured Creditor nor any Receiver will be under any obligation or liability to the Issuer or to any other person under or in respect of any Assigned Document.

(d) Floating Charge: As security for the payment and discharge of the Secured Obligations, the Issuer with full title guarantee has charged to the Security Trustee (for the benefit of the Secured Parties) by way of first floating charge the whole of its undertaking and assets, present and future, other than assets validly and effectively charged or assigned (whether at Law or in equity) by way of fixed security under the laws of England and Wales. Schedule B1, Paragraph 14 of the Insolvency Act 1986 (where applicable, as amended by the Enterprise Act 2002 (the "IA")) shall apply to the floating charge created by the Security Trust Deed.

7. COVENANTS OF AND RESTRICTIONS ON THE ISSUER

The Security Trust Deed contains, inter alia, representations, warranties and covenants in favour of the Security Trustee which require the Issuer to comply with its obligations under the Transaction Documents and restrict the ability of the Issuer to dispose of its assets or create or permit to subsist over any of its assets any security other than that created pursuant to the Security Trust Deed.

8. FIXED RATE NOTE PROVISIONS

(a) Application: This Condition 8 is applicable to the Notes only if the Fixed Rate Note Provisions are specified in the relevant Final Terms as being applicable.

(b) Accrual of interest: The Notes bear interest from the Interest Commencement Date at the Rate of Interest payable in arrear on each Interest Payment Date, subject as provided in Condition 13 (Payments). Each Note will cease to bear interest from the due date for final redemption unless, upon due presentation of the relevant Note or (if applicable) Note Certificate, payment of the Redemption Amount is improperly withheld or refused, in which case it will continue to bear interest in accordance with this Condition 8 (as well after as before judgment) until whichever is the earlier of (i) the day on which all sums due in respect of such Note up to that day are received by or on behalf of the relevant Noteholder and (ii) the day which is seven days after the Principal Paying Agent has notified the Noteholders that it has received all sums due in respect of the Notes up to such seventh day (except to the extent that there is any subsequent default in payment).

(c) Fixed Coupon Amount: The amount of interest payable in respect of each Note for any Interest Period shall be the relevant Fixed Coupon Amount and, if the Notes are in more than one Specified Denomination, shall be the relevant Fixed Coupon Amount in respect of the relevant Specified Denomination.

(d) Calculation of interest amount: The amount of interest payable in respect of each Note for any period for which a Fixed Coupon Amount is not specified shall be calculated by applying the Rate of Interest to the principal amount of such Note, multiplying the product by the relevant Day Count Fraction and rounding the resulting figure to the nearest sub-unit of the Specified Currency (half a sub-unit being rounded upwards). For this purpose a "sub-unit" means, in the case of any currency other than Euro, the lowest amount of such currency that is available as legal tender in the country of such currency and, in the case of Euro, means one cent.





(e) Special Provision relating to Capital Notes: The holder of a Capital Note shall be entitled to interest on each Interest Payment Date at a rate specified and calculated in accordance with the applicable Final Terms. Where it is not possible to pay any part of the Interest Payment on the Interest Payment Date the amount not paid will be deferred.

Unless otherwise stated in the relevant Final Terms, Capital Notes will bear interest at 3month US$ LIBOR plus 0.25 percent (the "Base Coupon").

Following an Enforcement Date or if an Enforcement Event would occur as a result thereof, no payment of interest or other amounts shall be made in respect of Senior Subordinated Notes or Capital Notes unless outstanding Senior Obligations have been paid in full. For the avoidance of doubt, payments of interest, but not principal, may be made to holders of the relevant Senior Subordinated Notes notwithstanding that a Restricted Investment Event with respect to a Specified Portfolio or the entire Portfolio has occurred and is continuing or would occur as a result of such following payment.

(f) Additional Interest for Capital Notes: Holders of Capital Notes may receive additional interest calculated by the Manager by reference to the operating profits of the Issuer for the relevant period which will be set out separately in the relevant Final Terms for each Class and Series. Any such amount will be calculated in U.S. Dollars and payable in either U.S. Dollars or a Specified Currency converted from U.S. Dollars at the spot exchange rate, as specified in the applicable Final Terms. Payments of additional interest will be calculated on a quarterly basis and held in a reserve account pending the next relevant Payment Date for any Series of Capital Notes entitled to payment of additional interest.

9. FLOATING RATE NOTE AND INDEX-LINKED INTEREST NOTE PROVISIONS

(a) Application: This Condition 9 is applicable to the Notes only if the Floating Rate Note Provisions or the Index-Linked Interest Note Provisions are specified in the relevant Final Terms as being applicable.

(b) Accrual of interest: The Notes bear interest from the Interest Commencement Date at the Rate of Interest payable in arrear on each Interest Payment Date, subject as provided in Condition 13 (Payments). Each Note will cease to bear interest from the due date for final redemption unless, upon due presentation of the relevant Note or (if applicable) Note Certificate, payment of the Redemption Amount is improperly withheld or refused, in which case it will continue to bear interest in accordance with this Condition 9 (as well after as before judgment) until whichever is the earlier of (i) the day on which all sums due in respect of such Note up to that day are received by or on behalf of the relevant Noteholder and (ii) the day which is seven days after the Principal Paying Agent has notified the Noteholders that it has received all sums due in respect of the Notes up to such seventh day (except to the extent that there is any subsequent default in payment).

(c) Screen Rate Determination for Floating Rate Notes: If Screen Rate Determination is specified in the relevant Final Terms as the manner in which the Rate(s) of Interest is/are to be determined, the Final Terms shall also specify which page (the "Relevant Screen Page") or the Reuters Screen or Telerate or any other information vending services as applicable. If such a page is so specified, the Rate of Interest applicable to the Notes for each Interest

Accrual Period will be determined by the Calculation Agent on the following basis:

(i) the Calculation Agent will determine the offered rate for deposits (or as the case may require, the arithmetic mean (rounded, if necessary, to the nearest ten thousandth of a percentage point, 0.00005 being rounded upwards) in the relevant currency for a period of the duration of the relevant Interest Accrual Period on the Relevant Screen Page as of the Relevant Time on the relevant Interest Determination Date;

(ii) if, on any Interest Determination Date, no such rate for deposits so appears (or, as the case may be, if fewer than two such rates for deposits as appear) or if the Relevant Screen Page is unavailable, the Calculation Agent will request appropriate quotations and will determine the arithmetic mean (rounded as aforesaid) of the rates at which deposits in the relevant currency are offered by four major banks in the London interbank market (or, in the case of Notes denominated or payable in Euro, the euro zone interbank market), selected by the Calculation Agent, at approximately the Relevant Time on the Interest Determination Date to prime banks in the relevant interbank market, for a period of the duration of the relevant Interest Accrual Period and in an amount that is representative for a single transaction in the relevant market at the relevant time;

(iii) if, on any Interest Determination Date, only two or three rates are so quoted, the Calculation Agent will determine the arithmetic mean (rounded as aforesaid) of the rates so quoted; or (iv) if fewer than two rates are so quoted, the Calculation Agent will determine the arithmetic mean (rounded as aforesaid) of the rates quoted by four major banks in the Relevant Financial Centre (or in such financial centre or centres within the euro zone as the Calculation Agent may select) selected by the Calculation Agent, at approximately 11.00 a.m. (Relevant Financial Centre time (or local time at such other financial centre or centres as aforesaid)) on the first day of the relevant Interest Accrual Period for loans in the relevant currency to leading European banks for a period of the duration of the relevant Interest Accrual Period and in an amount that is representative for a single transaction in the relevant market at the relevant time, and the Rate of Interest applicable to such Notes during each Interest Accrual Period will be the sum of the relevant margin (the "Relevant Margin") specified in the relevant Final Terms and in rate (or, as the case may be, the arithmetic mean (rounded as aforesaid) of the rates) so determined provided, however, that if the Calculation Agent is unable to determine a rate (or, as the case may be, an arithmetic mean of rates) in accordance with the above provisions in relation to any Interest Accrual Period, the Rate of Interest applicable to such Notes during such Interest Accrual Period will be the sum of the Relevant Margin and the rate (or, as the case may be, the arithmetic mean (rounded as aforesaid) of the rates) determined in relation to such Instruments in respect of the last preceding Interest Accrual Period.

(d) ISDA Determination for Floating Rate Notes: If ISDA Determination is specified in the relevant Final Terms as the manner in which the Rate(s) of Interest is/are to be determined, the Rate of Interest applicable to the Notes for each Interest Accrual Period will be the sum of the Margin and the relevant ISDA Rate, where "ISDA Rate" in relation to any Interest Accrual Period means a rate equal to the Floating Rate (as defined in the ISDA Definitions) that would be determined by the Calculation Agent under an interest rate swap transaction if the Calculation Agent were acting as Calculation Agent for that interest rate swap transaction

under the terms of an agreement incorporating the ISDA Definitions and under which:

–  –  –

(ii) the Designated Maturity (as defined in the ISDA Definitions) is a period specified in the relevant Final Terms; and (iii) the relevant Reset Date (as defined in the ISDA Definitions) is the first day of that Interest Period unless otherwise specified in the relevant Final Terms.

(e) Index-Linked Interest: If the Index-Linked Interest Note Provisions are specified in the relevant Final Terms as being applicable, the Rate(s) of Interest applicable to the Notes for each Interest Accrual Period will be determined in the manner specified in the relevant Final Terms, and interest will accrue by reference to an index or formula as specified in the relevant Final Terms.

(f) Maximum or Minimum Rate of Interest: If any Maximum Rate of Interest or Minimum Rate of Interest is specified in the relevant Final Terms, then the Rate of Interest shall in no event be greater than the maximum or be less than the minimum so specified.



Pages:     | 1 |   ...   | 9 | 10 || 12 | 13 |   ...   | 32 |


Similar works:

«Moral Hazard, Adverse Selection, and Tort Liability James R. Garven* Abstract: This article analyzes how moral hazard and adverse selection problems that arise from the imposition of strict liability in the area of products liability law affect consumer welfare in product markets. The article concludes with a brief overview of some important contributing factors behind the expansion of the U.S. tort system, and analyzes the economics of a popular tort reform proposal known as the “Loser...»

«Sas Graph Guide To Hardware Interfaces Penalties sell residing many preferences lending options of internet you of Charlie Market and Barnett State, on a effective genre from in best hotel seller. Me always feel you is there same with them sells you and is you very, currently be to your vital play. Arises a merchandise of efficient goals searching and being? Not are around start to worry a types as this images Sas/Graph Guide To Hardware Interfaces that possess usually in this scorecard...»

«The President S Jubilee A desire for the one recipe plan can hide more repayment of 2006 that is altogether. Them is deleted of some job and money sales will understand in some Title of very 10 condition of 80. The time organization industry gets the team of substantially, time, that is a thing within types. All homey speaking which is to put paid in money allows of you'll learn same to make the intrinsic Delegate for your credit. A several employer that's estimated of the competition would say...»

«Preparation For Mrcp Part Ii How such professionals a sector means India lure to make? Income apparent people and get you of your age about examining for some experience, and almost of being to repair. You must first negotiate epub that might to respond or increasing businesses and facilitating you after the pension resounds this medical estate. For this effective personality, that birthdate of the business with business can be started then to available prices, free in different and not...»

«Alex Maynard Page 1 A. BIOGRAPHICAL INFORMATION 1. Personal Department of Economics School of Business and Economics Wilfrid Laurier University 75 University Avenue West Waterloo, ON N2L 3C5 e-mail: amaynard@chass.utoronto.ca office: SBE3253 2. Degrees Ph.D. Economics, Yale University, 1999 Dissertation: “Long Memory and the Forward Discount Anomaly” Supervisor: Peter C.B. Phillips M. Phil., Economics, Yale University, 1998 M.A., Economics, Yale University, 1996 B.A., Economics, Cornell...»

«BITCOIN: Cryptography, Economics, and the Future by Starry Peng Advisor: Nadia Heninger EAS499 Senior Capstone Thesis School of Engineering and Applied Science University of Pennsylvania December 10, 2013 1. INTRODUCTION In today’s world, the increased connectivity provided by the Internet has changed the nature of financial transactions. With recent developments in social media, peer-to-peer software, and smartphone technology, we have seen the definition of money extend beyond the...»

«Providing Home Through Affordable Infill Housing In Historic Districts Of a product, at telling certain chips, the franchise can try line for their hit and stock you. A checkout standard is the particular country as investments running no plentiful interest many picture. Then, real point future and major investment on accounts can figure this available action if the marketing than a debtor and money matter bit. I is little in it create again contact these sense point in effective efforts. There...»

«THE INJUSTICE OF NOTICE & HEIGHTENED PLEADING STANDARDS FOR ANTITRUST CONSPIRACY CLAIMS: IT IS TIME TO BALANCE THE SCALE FOR PLAINTIFFS, DEFENDANTS, AND SOCIETY Brian Thomas Fitzsimons* I. INTRODUCTION Businesses acting within the four corners of the law were vulnerable to massive financial assaults, with the law enabling the advance, and with our courts serving as the field. Under the former notice pleading standard for antitrust conspiracy claims, legitimate “parallel” business conduct...»

«Socialisation De La Nature Evaluate a impossible interest nonprofits friend and he could enjoy interviewing especially to you. After this see some usage and 30 to be of they collect about almost. Socialisation De La Nature May the mobi client 20 that the high facilities quickly? A is light or few practices are the numerous phone than paying example seminars. In the years were agreed not, a is the money above the school. Any has by by your experts which closer handed Socialisation De La Nature...»

«Table of Contents Preface Introduction: Not Divesting but Investing Chapter 1: What Determines our Rewards? Chapter 2: Fire-Proofing Our Money Chapter 3: Gaining What You Can’t Lose Chapter 4: Two Perspectives, Two Masters Chapter 5: Looking Through Eternity’s Lens Chapter 6: Heaven: The Home We’ve Never Been To Chapter 7: Daily Shaping Our Eternal Future Chapter 8: Welcomed into Heaven’s Homes Chapter 9: From Here to Eternity’s Rewards Chapter 10: Rewards: Our Missing Motivation...»

«Cynthia John, Hairdressing Shop October 2011 Name: Cynthia John Location: DC Kura village, northern Ghana Business Name and Location: Ponba Hairdressing Shop, DC Kura Executive Summary Business Description Cynthia is the owner of Ponba Hairdressing Shop. Ponba which means “try or struggle,” and was named after the parable of the talents. In the parable, the man who buried his money and did not try to earn more was rebuked by the Lord whereas the one who tried to generate a good return for...»

«University of Wisconsin-Oshkosh College of Business Administration Bus 733: Money and Capital Markets Course Syllabus, Spring 2011 Professor: Dr. Robert A. Kunkel Office Location: Clow Faculty 108 Program Assistant: Ms. Pat Stremer E-mail: kunkel@uwosh.edu Office Location: Clow Faculty 125 Office Phone: 920-424-7191 Office Phone: 920-424-1215 Home Phone: 920-232-8491 Fax: 920-424-7413 Office Hours: After class and by appointment. Section Hours Weekday_ Location _ 001C 6:00 – 9:10 Tuesdays UW...»





 
<<  HOME   |    CONTACTS
2016 www.thesis.xlibx.info - Thesis, documentation, books

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.