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 ... 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 Principal Proceeds ... 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
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365483.pdf
EFTA01422826Set 10
2011-06-15323p90,065w
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 Shares may change prior ... Articles") and subject to the terms of the
Fiscal Agency Agreement.
The allocation between the Subordinated Notes and Preferred Shares
may change prior to the Closing Date.
With respect ... matter will vote together as a single class
except as specified, and any Subordinated Securities that are entitled to
vote on a matter will vote together as a single class
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01422826.pdf
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 ... 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 Principal Proceeds ... 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
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376238.pdf
Subordinated Securities,
the payment of any remaining proceeds, allocated in accordance with the Subordinated
Securities Allocation.
(xiv) If the Target Return has been achieved, (A) 80% of the remaining
proceeds ... Subordinated Securities (allocated in accordance with the Subordinated
Securities Allocation) and (B) 20% of the remaining amount to the Investment Manager
in respect of the Investment Manager Incentive Fee 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
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376240.pdf
such investments.
Distributions on Subordinated Securities. The treatment of actual cash distributions on the Subordinated Securities.
in very general terms, will vary depending on whether a U.S. holder has made ... amount of current and accumulated earnings and profits of the Issuer)
allocable to amounts previously taxed pursuant to the QEF election will not be taxable to U.S. holders. Similarly ... return of capital, to the extent of the holder's tax basis in the Subordinated Securities, and then as capital gain. The
distributions on the Subordinated Securities do not qualify
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365599.pdf
such investments.
Distributions on Subordinated Securities. The treatment of actual cash distributions on the Subordinated Securities.
in very general terms, will vary depending on whether a U.S. holder has made ... amount of current and accumulated earnings and profits of the Issuer)
allocable to amounts previously taxed pursuant to the QEF election will not be taxable to U.S. holders. Similarly ... return of capital, to the extent of the holder's tax basis in the Subordinated Securities, and then as capital gain. The
distributions on the Subordinated Securities do not qualify
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376323.pdf
Securities,
the payment of any remaining Interest Proceeds, allocated in accordance with the
Subordinated Securities Allocation.
(xxii) If the Target Return has been achieved (on or prior to such Distribution ... Date), (A) 80% of the remaining Interest Proceeds to the Subordinated Securities
(allocated in accordance with the Subordinated Securities Allocation), and (B) 20% of the
remaining proceeds to the Investment
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376237.pdf
Securities,
the payment of any remaining Interest Proceeds, allocated in accordance with the
Subordinated Securities Allocation.
(xxii) If the Target Return has been achieved (on or prior to such Distribution ... Date), (A) 80% of the remaining Interest Proceeds to the Subordinated Securities
(allocated in accordance with the Subordinated Securities Allocation), and (B) 20% of the
remaining proceeds to the Investment
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365482.pdf
Securities, the payment of
any remaining Interest Proceeds, allocated in accordance with the Subordinated Securities Allocation.
(xxii) If the Target Return has been achieved (on or prior to such Distribution ... Date), (A) 80%
of the remaining Interest Proceeds to the Subordinated Securities (allocated in accordance with the
Subordinated Securities Allocation). and (B) 20% of the remaining proceeds to the Investment
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365573.pdf
EFTA01376274Set 10
2011-06-151p885w
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 Shares may change prior ... discussion of certain factors to be considered in connection
with an investment in the Securities.
It is a condition of the Offering that the Notes and the Preferred Shares
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376274.pdf