FCC Proudreed Properties 2005 HSBC SG CORPORATE ...

(k)
(l)
(m)
(n)
any breakage costs payable by the Borrowers to the Lenders pursuant to the Financing Documents;
any amount payable by or on behalf of the Borrowers to the Borrowers Account Banks;
(without double counting in respect of items already included in (e) to (l) above) the aggregate
amount as reported in the relevant Quarterly Operating Reports of all irrecoverable costs, expenses,
charges and rental taxes in respect of the Occupational Tenants incurred by the relevant Borrowers;
any amounts of irrecoverable VAT on amounts paid or payable under paragraphs (e) to (m) above;
Incoming Property means a property which is available to be substituted for the relevant Secured Property
within the Property Portfolio and which has been selected by the Borrower;
Information means, together, the Investor Presentation Materials, the Tenancy Schedules, the Due
Diligence Reports, the Model Information, the Investor Reports, the Financial Information and the
Offering Circulars and such other information as may be or have been provided to the Rating Agencies
from time to time;
Information Date means, in respect of each calendar quarter, the day falling the fifteen (15 th ) Business
Day15 Business Days following the relevant Calendar Quarter Date last day of such quarter, upon which
the Borrowers’ Agent shall send the Quarterly Operating Report to the relevant FCC Servicer;
Information Meeting has the meaning given to it in Condition 13(f) (Information Meeting);
Initial Facility Fee means an amount equal to all the fees, costs and expenses properly and reasonably
incurred by the Issuer on or before the Closing Date in connection with the issue of the Notes, the making
of the Commercial Mortgage Loans and the negotiation, preparation and execution of each Issuer
Transaction Document (to the exclusion of any fees, taxes and duties payable to the Notary and the costs
and publicity expenses relating to the setting up of the Obligor Security). In relation to a particular
Borrower, Initial Facility Fee means that Borrower’s proportionate share (divided as between the
Borrowers by reference to the principal amounts advanced under their respective Commercial Mortgage
Loans) of all amounts making up such fee;
Initial Valuation means the value of the Secured Property as at the Closing Date or, in respect of an
Incoming Property, the date it was acquired;
Insolvency Proceedings means the winding-up, dissolution, or administration of a company or corporation
and shall be construed so as to include any equivalent or analogous proceedings under the law of the
jurisdiction in which such company or corporation is incorporated or of any jurisdiction in which such
company or corporation carries on business including the seeking of liquidation, winding-up, reorganisation,
dissolution, administration, arrangement, adjustment, protection or relief of debtors;
Insurance Assignment means the Dailly law assignment by way of security (cession de créances
professionnelles à titre de garantie) of all proceeds receivable by the Borrowers under the Insurance
Policies together with the transfer by way of delegation under Article L.121-13 of the French Insurance
Code of those insurance proceeds that are not subject to the Dailly law assignment by way of security, the
benefit of which shall be transferred to the Issuer on the Closing Date:
Insurance Policy means, in respect of any Borrower, each of the policies of insurance relating to the
relevant Commercial Mortgage Loan Agreement and any policies of insurance (other than the policies of
life assurance or third party liability) taken out by or on behalf of any Borrower (including any insurances
taken out by the Borrowers or Occupational Tenants) and any replacement policies thereof, in which any
Borrower may now or hereafter have an interest;
Insurer Rating Criteria means a rating of ‘‘A’’ (or better) for long term debt obligations from Fitch and
S&P;
Interest Amount has the meaning given to it in Condition 4(d) (Interest – Determination of Rates of Interest
and Calculation of Interest Amounts);
Interest Determination Date means the date falling two (2) Business Days prior to an Interest Payment
Date;
Intellectual Property means all rights to patents, trademarks, business names, know-how and other
intellectual property rights whether arising through ownership, licence or use and whether registered,
subject to registration or otherwise;
Interest Payment Date means 18 February, 18 May, 18 August and 18 November in each year, except if
such day is not a Business Day, in which case it shall be the next succeeding Business Day unless such day
falls in the next month, in which case it shall be the preceding Business Day, on which interest will be paid
in respect of the Notes;
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