EFTA01376173.pdf

designated in writing by the Investment Manager on behalf of the Issuer (with a copy to the Trustee). "Moody's Industry Classification Group": Any of the Moody's classification groups set forth in Schedule A, and/or any classification groups that may be subsequently established by Moody's and provided to the Investment Manager, the Issuer and the Trustee. "Moody's Obligation Rating": The meaning specified on the Moody's Rating Schedule. "Moody's Rating": The meaning specified on the Moody's Rating Schedule. "Moody's Rating Factor": The meaning specified on the Moody's Rating Schedule. "Moody's Rating Schedule": Schedule E, as the same may be amended from time to time in accordance with Section 8.1(b). "Moody's Recovery Rate": The meaning specified on the Moody's Rating Schedule. "Moody's Spread Modifier": The meaning specified on the Moody's Rating Schedule. "Moody's Weighted Average Recovery Rate": The number obtained by (i) summing the products obtained by multiplying the Principal Balance of each Pledged Collateral Obligation (other than a Defaulted Obligation) by its respective Moody's Recovery Rate, (ii) dividing such sum by the Aggregate Principal Balance of all such Pledged Collateral Obligations (other than Defaulted Obligations), (iii) multiplying the result by 100 and (iv) rounding up to the first decimal place. "Net Proceeds at Closing": Proceeds of the issuance of the Securities and the Preferred Shares received on the Closing Date and the amounts received by the Issuer from any Hedge Counterpart)/ under any Hedge Agreement on the Closing Date less the amounts of all organizational and other fees and expenses incurred in connection with the issuance of the Securities and the Preferred Shares and the entry by the Issuer into the Hedge Agreements. "Non-Call Period": The period from the Closing Date to but excluding the Determination Date relating to the Distribution Date in June 2013. "Note": Any Rated Note or Subordinated Note authorized by, and authenticated and delivered under, this Indenture (and including any additional Notes). "Noteholder": With respect to any Note, the Person in whose name such Note is registered in the Indenture Register. "Offer": With respect to any security, (i) any offer by the issuer in respect of such security or by any other Person made to all of the holders of such security to purchase or otherwise acquire such security (other than pursuant to any redemption in accordance with the terms of the related Underlying Instruments) or to convert or exchange such security into or for cash, securities or any other type of consideration or (ii) any solicitation by the issuer in respect 36 LNG IM CLO 2011-1 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0072084 CONFIDENTIAL SDNY_GM_00218268 EFTA01376173