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FCC Proudreed Properties 2005 HSBC SG CORPORATE ...

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<strong>FCC</strong> Servicer means each entity appointed as servicer of Receivables acquired by the Issuer, being initially<br />

CCF SA and Société Générale;<br />

Fees and Expenses means any fees, costs and expenses, other remuneration and indemnity payment which<br />

are due and payable;<br />

Final Maturity Date means the Interest Payment Date falling in August 2017;<br />

Final Offering Circular means the final offering circular relating to the issue of the Notes;<br />

Final Repayment Date means the Loan Interest Payment Date falling in August 2014;<br />

Finance Lease means any finance lease (credit-bail) entered into by a Borrower as lessee (crédit-preneur)<br />

and which has been identified as such in the relevant Commercial Mortgage Loan Agreements;<br />

Finance Lease Reserve means the reserve fund in relation to payments falling due under Finance Leases<br />

as set out in the section entitled ‘‘Resources Available to the Borrowers and the Issuer – Borrower Accounts<br />

– Finance Lease Reserve Account’’;<br />

Finance Lease Reserve Account means, in relation to each Borrower that is a finance lessee under a<br />

Finance Lease, the reserve account held with the Borrowers Account Bank in the name of that Borrower<br />

and established for the purpose of maintaining the Finance Lease Reserve;<br />

Financial Covenants means the financial covenants of the Borrower in respect of the Historical ICR and<br />

the Projected ICR;<br />

Financial Indebtedness means any indebtedness for or in respect of:<br />

(a) monies borrowed or raised and includes capitalised interest;<br />

(b) any amount raised by acceptance under any acceptance credit facility or by documentary credits or<br />

discounted instruments;<br />

(c) any amount raised pursuant to any note purchase facility or the issue of bonds, notes, debentures,<br />

loan stock or any similar debt instrument;<br />

(d) the amount of any liability in respect of any lease (including, for the avoidance of doubt, any crédit<br />

bail) or hire purchase contract which would, in accordance with applicable Accounting Principles,<br />

be treated as a finance or capital lease;<br />

(e) receivables sold or discounted (other than any receivables to the extent they are sold or discounted<br />

on a non-recourse basis);<br />

(f) any amount raised under any other transaction (including any forward sale or purchase agreement)<br />

having the commercial effect of a borrowing;<br />

(g) any derivative transaction entered into in connection with protection against or benefit from<br />

fluctuation in any rate or price (and, when calculating the value of any derivative transaction, only<br />

the marked to market value shall be taken into account);<br />

(h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, standby or documentary<br />

letter of credit or any other instrument issued by a bank or financial institution; and<br />

(i) any guarantee or indemnity of any kind, and any off-balance sheet commitment, other than a<br />

suretyship comitment to tax or customs authorities;<br />

Financial Information means the audited, pro forma, financial statements of the relevant Borrower for the<br />

financial years ending in 2003 and 2004;<br />

Financial Regulator means the Irish Financial Services Regulatory Authority;<br />

Financing Documents means the Commercial Mortgage Loan Agreements, the global cost letters and the<br />

drawing notices delivered in connection therewith, the Subordination Agreements, the Obligor Security<br />

Documents, the Issuer Transaction Documents and all other contracts and documents entered into in<br />

connection therewith or designated as such by the parties to the Commercial Mortgage Loan Agreements;<br />

FIPAM means French Investment Portfolio Asset Management, incorporated on 27 June 2001 (registered<br />

under number B 438 302 044) as a limited company (société à responsibilité limitée) under the laws of<br />

France;<br />

First Reference Period means the period beginning on the Closing Date and ending on (but excluding) the<br />

last Loan Calculation Date prior to the seventh anniversary of the Closing Date;<br />

248

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