EFTA01365403.pdf

"Similar Laws": Local, state, federal or non-U.S. laws that are substantially similar to the fiduciary responsibility provisions of ERISA and Section 4975 of the Code. "Special Redemption": The meaning specified in Section 9.4. "Special Redemption Amount": The meaning specified in Section 9.4. "Stated Maturity": With respect to any security, the date specified in such security, with respect to any repurchase obligation, the repurchase date thereunder, and with respect to any Security, the date specified in such Security and in Section 2.2, as the fixed date on which the final payment of principal or final cash payment in respect of such security, repurchase obligation or Security, as the case may be, is due and payable, or, if such date is not a Business Day, the next following Business Day. "Structured Finance Obligation": Any trust certificate, collateralized debt obligation or other structured finance security. "Subordinate Interests": The meaning specified in Section 13.1(a). "Subordinated Investment Management Fee": The fee payable to the Investment Manager in arrears on each Distribution Date in accordance with the Priority of Payments, in an amount equal to 0.35% per annum of the Fee Balance. "Subordinated Note": Each Subordinated Note Due 2021 issued by the Issuer, authenticated by the Trustee or any Authenticating Agent and designated as a Subordinated Note pursuant to this Indenture. "Subordinated Securities": The Subordinated Notes and the Preferred Shares. "Subordinated Securities Allocation": The allocation of Interest Proceeds or Principal Proceeds to Holders of Subordinated Notes and the Fiscal Agent (for payment to Shareholders in accordance with the Fiscal Agency Agreement) in the proportion that the Aggregate Outstanding Amount of the Subordinated Notes and Preferred Shares, respectively, bear to the Aggregate Outstanding Amount of the Subordinated Securities. "Successor": The meaning specified in Section 7.10(a). "Supplemental Diversion Test": During the Reinvestment Period, a test that is satisfied as of any Determination Date on which the Overcollateralization Ratio calculated for the Rated Notes as the Applicable Notes is at least 105.0%. "Surrendered Notes": Any Notes or beneficial interest in Notes tendered by any Holder or beneficial owner (including the Investment Manager and its Affiliates), respectively, for cancellation by the Trustee without receiving any payment. "Synthetic Security": A Registered U.S. Dollar denominated swap transaction, structured bond investment or other investment purchased from, or entered into with, a counterparty, which 51 ING IM CLO 201 1-1 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0056131 CONFIDENTIAL SDNY GM_00202315 EFTA01365403