NEWGATE FUNDING PLC - Irish Stock Exchange
NEWGATE FUNDING PLC - Irish Stock Exchange
NEWGATE FUNDING PLC - Irish Stock Exchange
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Level: 8 – From: 8 – Wednesday, December 19, 2007 – 9:31 pm – mac8 – 3894 Section 03 : 3894 Section 03<br />
euro amounts received pursuant to exchange in the spot market under (a) and (b) above are to<br />
be applied in payment of interest due in respect of the Class Cb Notes);<br />
(ii)<br />
to (a) the holders of the Class Cb Notes in respect of principal of the Class Cb Notes; and (b)<br />
the Series Currency Swap Provider in respect of principal under the terms of the Class Cb Euro<br />
Note Currency Swap Agreement (except for any relevant Currency Swap Provider Default<br />
Payment) or, in the case of (b) above, if there is no Class Cb Euro Note Currency Swap<br />
Agreement then in place, to exchange for euro in the spot exchange market. All such Class Cb<br />
Euro Redemption Amounts shall be applied in redemption of the Class Cb Notes as provided<br />
in Condition 9 (Redemption and Series Post-Enforcement Call Option) until the Class Cb<br />
Notes are redeemed in full;<br />
(j)<br />
tenth, to pay, pro rata and pari passu:<br />
(i)<br />
(ii)<br />
amounts (other than in respect of principal) payable in respect of the Class D Notes (such<br />
amounts to be paid pro rata according to the respective interest entitlements of the Class D<br />
Noteholders);<br />
to the holders of the Class D Notes in respect of principal of the Class D Notes;<br />
(k)<br />
eleventh, to pay, pro rata and pari passu:<br />
(i)<br />
(ii)<br />
amounts (other than in respect of principal) payable in respect of the Class E Notes (such<br />
amounts to be paid pro rata according to the respective interest entitlements of the Class E<br />
Noteholders); and<br />
to the holders of the Class E Notes in respect of principal of the Class E Notes;<br />
(l)<br />
(m)<br />
(n)<br />
(o)<br />
(p)<br />
twelfth, to pay pari passu and pro rata an amount, if any, equal to the portion of Valued Added Tax<br />
owing in respect of any fee due and payable to the Series Cash Manager, the Series Mortgage<br />
Administrator, the Series Servicer or the Series Standby Mortgage Administrator (as applicable) under<br />
the Series Cash Management Agreement, the Series Mortgage Administration Agreement, the Series<br />
Servicing Agreement or the Series Standby Mortgage Administration Agreement (as applicable) that<br />
exceeds 17.5%;<br />
thirteenth, in or towards pari passu and pro rata payment of any Currency Swap Provider Default<br />
Payment or Interest Rate Swap Provider Default Payment payable to any Series Currency Swap<br />
Provider or Series Interest Rate Swap Provider, as applicable, under the terms of the Series Currency<br />
Swap Agreements or Series Interest Rate Swap Agreement, as applicable;<br />
fourteenth, prior to a Programme Insolvency Event and/or service of a Programme Enforcement<br />
Notice, in or towards satisfaction of all other amounts due and payable to any other Series Secured<br />
Creditors that are not otherwise provided for in this priority of payments;<br />
fifteenth, prior to a Programme Insolvency Event and/or service of a Programme Enforcement Notice,<br />
to credit to the Programme Account in respect of the Parent’s Profit Ledger an amount equal to 0.01%<br />
of the revenue amounts applied under this priority of payments less any liability for tax on such<br />
amount as has been provided for in accordance with subparagraph (c)(i) above on such date;<br />
sixteenth, to pay to the Series Interest Rate Cap Certificate Holders the lower of (A) any remaining<br />
moneys received or recovered by the Security Trustee after paying or providing for amounts under<br />
paragraphs (a) to (o) above and (B) the sum of (i) amounts paid under the Series Interest Rate Cap<br />
Agreement pursuant to the Series Interest Rate Cap Agreement during the relevant Interest Period<br />
(other than any cap termination payments received from the Series Interest Rate Cap Provider to be<br />
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