5
Shared Docs
5
Same-Page
5 / 5
Mentions
d Deutsche Bank (5%), as sole initial Minority Facility Lender and Minority Mezzanine Lender, under the Initial Facility (collectively, the 'nitial Facility Lenders"). One or more investors not affiliated with the Portfolio Advisor or any of its affiliates, except that a portion of the Preferred Shares
limited liability company, as co-issuer (the "Co-Issuer') of the Refinancing. The Co-Issuer has been formed for the sole purpose of co-issuing the Refinancing. The Co-Issuer has been established as a special purpose, bankruptcy-remote entity and will issue membership interests to the Issuer for nominal c
es will be redeemable at the request of the Preferred Share Purchaser. Following any complete liquidation of the Issuer's Assets, Redemption of the Facility and payment of all other obligations of the Co-Issuers, in circumstances of an Event of Default under the applicable Facility documentation or othe
Shares will be subject to redemption in whole, subject to the availability of funds therefor pursuant to the Priority of Payments. In the case of a Refinancing, the Preferred Shares will not be redeemed but instead will remain outstanding in accordance with the terms of the Refinancing. The Preferred Shar
ness Day prior to the Refinancing Pricing Date or, if earlier, the Ramp-up Period End Date, by the Portfolio Administrator (at the direction of the Facility Agent), obtained by dividing: (a) the amount equal to the aggregate Market Value of the Collateral Obligations, including Collateral Obligations t
nding Amount, as applicable. The date on which the Issuer issues the Refinancing Securities. The Preferred Shares will remain outstanding when the Refinancing is executed and will not receive any redemption or other payment in connection with the Refinancing. The [sixth] Business Day after the Issuer and
lders will not have any rights under the applicable Facility documentation except to the extent provided therein. Remedies pursued by the holders of Facility, following an acceleration or otherwise, could have a material adverse effect upon the Preferred Shares, particularly if the Collateral Obligations
f any required liquidation of the Collateral Obligations in connection with the redemption of the Facility. After the Non-Call Period related to the Refinancing, the Issuer at its option may, in each case acting at the direction of the Majority Preferred Shareholders, effect an [[Optional Principal Prepaymen
dditional Preferred Shares could have a dilutive effect upon the existing Preferred Shares. Uncertainties Concerning LIBOR The Interest Rate on the Facility and the interest rate on most of the Collateral Obligations will be based upon LIBOR and therefore may fluctuate from one interest accrual period to
zational Expenses permitted to be collected from Preferred Share Purchasers is significantly limited with respect to the funding of the costs of any Refinancing and could limit the ability of the Issuer to complete a Refinancing. A Refinancing will only be effective if the conditions set forth in the PS Issu
Entities connected to both Facility and Refinancing