EFTA01422826Set 10
2011-06-15323p90,065w
value per share (the "Preferred Shares"
and, together with the Subordinated Notes,
the "Subordinated Securities" and, together with the Notes, the
"Securities"). The allocation between the Subordinated
Notes and Preferred ... Class D Notes be rated at least "BB(sf)"
by S&P. The Subordinated Securities will not be rated.
PLEDGED ASSETS OF THE ISSUER ARE THE SOLE SOURCE OF PAYMENTS ... RULE 144A UNDER THE SECURITIES ACT) AND (2) IN THE CASE OF THE
SUBORDINATED SECURITIES, ALSO
TO "ACCREDITED INVESTORS" (AS DEFINED IN RULE 501(a) UNDER REGULATION D
UNDER
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right of payment than such
Class under the Principal Payment Sequence and (b) the Subordinate) Securities, each Class of Rated Notre. On each Distribution
Date, the Subordinated Securities will ... Priority of Payments. The payment of
interest on Deferrable Classes and distributions on the Subordinated Securities will be subject to, among other things, the satisfaction
of certain coverage tests ... portion of interest Proceeds that
would otherwise be available for payment on the Subordinated Securities to be invested in Collateral Obligations.
The Rated Notes will be redeemed by the Issuer
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right of payment than such
Class under the Principal Payment Sequence and (b) the Subordinate) Securities, each Class of Rated Notre. On each Distribution
Date, the Subordinated Securities will ... Priority of Payments. The payment of
interest on Deferrable Classes and distributions on the Subordinated Securities will be subject to, among other things, the satisfaction
of certain coverage tests ... portion of interest Proceeds that
would otherwise be available for payment on the Subordinated Securities to be invested in Collateral Obligations.
The Rated Notes will be redeemed by the Issuer
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until the Target Return has been achieved, any remaining
Principal Proceeds to the Subordinated Securities (allocated in accordance with the
Subordinated Securities Allocation); and then (D) if the Target Return ... prior to such Distribution Date), (x) 80% of the remaining Principal Proceeds to
the Subordinated Securities (allocated in accordance with the Subordinated Securities
Allocation) and (y) 20% of the remaining ... until the
Target Return has been achieved, any remaining Principal Proceeds to the Subordinated
Securities (allocated in accordance with the Subordinated Securities Allocation); and then
(D) if the Target Return
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until the Target Return has been achieved, any remaining
Principal Proceeds to the Subordinated Securities (allocated in accordance with the
Subordinated Securities Allocation); and then (D) if the Target Return ... prior to such Distribution Date), (x) 80% of the remaining Principal Proceeds to
the Subordinated Securities (allocated in accordance with the Subordinated Securities
Allocation) and (y) 20% of the remaining ... until the
Target Return has been achieved, any remaining Principal Proceeds to the Subordinated
Securities (allocated in accordance with the Subordinated Securities Allocation); and then
(D) if the Target Return
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EFTA01129050Set 9
2016-02-1942p21,118w
amount of outstanding indebtedness, as of
a recent date, that is senior to the subordinated securities, and any limitation on the issuance of
additional senior indebtedness;
• the designation, aggregate principal
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elected to be paid.
Until the Target Return has been achieved, to the Subordinated Securities, the payment of
any remaining proceeds. allocated in accordance with the Subordinated Securities Allocation ... Target Return has been achieved, (A) 80% of the remaining proceeds to the
Subordinated Securities (allocated in accordance with the Subordinated Securities Allocation) and (B) 20%
of the remaining amount ... Manager Incentive Fee
Amount.
Interest Proceeds or Principal Proceeds paid in accordance with the "Subordinated Securities Allocation" will be
paid to the holders of Subordinated Notes and the Fiscal Agent
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elected to be paid.
(xiii) Until the Target Return has been achieved, to the Subordinated Securities,
the payment of any remaining proceeds, allocated in accordance with the Subordinated
Securities Allocation ... Target Return has been achieved, (A) 80% of the remaining
proceeds to the Subordinated Securities (allocated in accordance with the Subordinated
Securities Allocation) and (B) 20% of the remaining amount ... Lowest Ranking Class of Rated Notes will be distributed
to the Subordinated Securities, allocated in accordance with the Subordinated Securities
Allocation.
Section 11.2. Disbursements for Certain Expenses.
(a) Provided that
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EFTA01365601Set 10
2012-12-311p773w
disregard). Purchasers of Subordinated Securities arc urged to consult their own tax advisers regarding these
reporting requirements.
In addition, the Code and related Treasury regulations will require any U.S. holder ... certain additional reporting requirements. While it is unclear how the voting power of the
Subordinated Securities would be measured for this purpose, a U.S. holder that owns less than ... less,
as applicable) of the Subordinated Securities should not be required to file this return. In general, a U.S. holder that
is deemed to own the applicable percentage
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