📄 Extracted Text (549 words)
(ix) a calculation in reasonable detail necessary to determine
compliance with each criterion of the Portfolio Profile Test and the levels required
for each such criterion pursuant to this Indenture;
(x) a calculation in reasonable detail necessary to determine
compliance with each Coverage Test and the levels required for each such test
pursuant to this Indenture;
(xi) a calculation in reasonable detail necessary to determine
compliance with each test or criterion of the Collateral Quality Test (other than
the S&P CDO Monitor Test) and the levels required for each such test pursuant to
this Indenture; and
(xii) the Break-Even Default Rate and the Scenario Default Rate for
each Class of Senior Notes and the result of the S&P CDO Monitor calculations
and S&P CDO Monitor Test results, including a statement as to whether or not
the S&P CDO Monitor Test was satisfied, to the extent they are available;
provided that the S&P CDO Monitor is operational and accessible by the
Collateral Manager.
In addition, with each Monthly Report (or, in the months where no Monthly
Report is given, on the Business Day prior to the Payment Date), the Issuer shall cause to be
promptly delivered electronically to S&P the Excel Default Model Input File (provided that the
specific parameters identified by S&P have been delivered to the Issuer and are limited to the
scope herein stated).
Upon receipt of each Monthly Report, the Trustee shall compare the information
contained in such Monthly Report to the information contained in its records with respect to the
Collateral and shall, within three Business Days after receipt of such Monthly Report, notify the
Issuer, the Collateral Administrator and the Collateral Manager if the information contained in
the Monthly Report does not conform to the information maintained by the Trustee with respect
to the Collateral. In the event that any discrepancy exists, the Trustee and the Issuer, or the
Collateral Manager on behalf of the Issuer, shall attempt to resolve the discrepancy. If such
discrepancy cannot be promptly resolved, the Trustee shall within five Business Days cause the
Independent accountants appointed by the Issuer pursuant to Section 10.8 to review such
Monthly Report and the Trustee's records to determine the cause of such discrepancy. If such
review reveals an error in the Monthly Report or the Trustee's records, the Monthly Report or
the Trustee's records shall be revised accordingly and, as so revised, shall be utilized in making
all calculations pursuant to this Indenture and notice of any error in the Monthly Report shall be
sent as soon as practicable by the Issuer to all recipients of such report.
(b) Payment Date Accounting. The Issuer shall render an accounting (each a
"Payment Date Report"), determined as of the close of business on each Determination Date
preceding a Payment Date (such accounting to be reviewed in advance by the Collateral Manager
as set forth in the Collateral Administration Agreement), and shall deliver or make available
(including in electronic form) such Payment Date Report to the Trustee, the Collateral Manager,
the Irish Stock Exchange, the Irish Paying and Listing Agent (so long as any Senior Notes are
listed on the Irish Stock Exchange), each Rating Agency, any Noteholder (and upon written
148
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0056631
CONFIDENTIAL SDNY GM_00202815
EFTA01365685
ℹ️ Document Details
SHA-256
ae80a7a66ed7c372bda40a48ae8b072a87448dd14a2fea5538d692ce7fd97a59
Bates Number
EFTA01365685
Dataset
DataSet-10
Document Type
document
Pages
1
Comments 0