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FCC Proudreed Properties 2005 HSBC SG CORPORATE ...

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LTV Ratio:<br />

Security:<br />

Insurance:<br />

Mortgage Loan Agreements – Financial Covenants’’<br />

and ‘‘Resources available to the Borrowers and the<br />

Issuer – Borrower Accounts – Cash Trap Accounts’’<br />

below.<br />

Each Borrower has undertaken to ensure that, during<br />

the Second Reference Period, the LTV Ratio in<br />

respect of the relevant Borrower Group is not<br />

greater than 70 per cent.<br />

The LTV Ratio will be tested on behalf of each<br />

Borrower Group on each Loan Calculation Date on<br />

the basis of the Market Value of the relevant Secured<br />

<strong>Properties</strong> as determined in the most recent Valuation<br />

Reports.<br />

Failure by a Borrower Group to maintain an LTV<br />

Ratio at or below 70 per cent. will not give rise to a<br />

Loan Event of Default but, instead, the monies not<br />

required to pay interest and other prior ranking<br />

expenses of the Borrowers in that Borrower Group<br />

will no longer be distributed to the Borrower but will<br />

be transferred to the Cash Trap Account provided<br />

that as long as both the Historical ICR and the<br />

Projected ICR are both greater than 2.0:1, the amount<br />

required to be transferred to the Cash Trap Account<br />

shall be limited to the amount necessary to ensure<br />

that the LTV Ratio, as recalculated to reflect the<br />

cash deposit, would be at or below 70 per cent.<br />

For further details of the LTV Ratio see the section<br />

entitled ‘‘Summary of Principal Documents –<br />

Commercial Mortgage Loan Agreements – LTV<br />

Ratio’’<br />

The Lenders will benefit from security interests for<br />

the obligations of the Borrowers under the<br />

Commercial Mortgage Loans including inter alia,<br />

first ranking mortgages over the Property Portfolio<br />

of the relevant Borrower, a pledge over the shares of<br />

each Borrower, a charge over each of the Borrower<br />

Accounts and an assignment of the related rental<br />

income as more fully described in the section entitled<br />

‘‘Summary of Principal Documents – The Related<br />

Rights’’ below.<br />

Each Borrower has undertaken to maintain insurance<br />

on all of its properties including its Secured Property<br />

on a full reinstatement value basis, including not less<br />

than two years’ loss of rent on all Occupational<br />

Leases together with third party liability insurance<br />

and insurance against subsidence and (to the extent<br />

available) acts of terrorism and to procure, in relation<br />

to Secured <strong>Properties</strong>, that the Issuer represented by<br />

the Management Company is named as loss payee<br />

on all relevant insurance policies.<br />

All insurances required under a Commercial<br />

Mortgage Loan Agreement must be with an<br />

insurance company or underwriter that has a long<br />

term credit rating of at least A (or better) by Fitch<br />

and A (or better) by S&P.<br />

8

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