6
Shared Docs
6
Same-Page
6 / 6
Mentions
ssuer will not publish any financial statements. Subject to the Articles and the contractual restrictions imposed upon the Issuer by the applicable Facility, the directors of the Issuer have the power to borrow on behalf of the Issuer. A director of the Issuer is not required to own any shares in the Is
orated with limited liability in the Cayman Islands, and was established for the limited purposes of acquiring Collateral Obligations, entering into the Initial Facility, entering into the intended Refinancing and engaging in certain related activities and transactions. The Issuer was incorporated on January 23, 2018
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
ange, control, tax, legal or regulatory considerations otherwise require. The Preferred Shares are subordinated and junior in rights of payment to the Initial Facility and to the payment on each Payment Date of all other amounts due from the Issuer or the Co-Issuer under the Transaction Agreements to which the Iss
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
rial adverse effect upon the Preferred Shares, particularly if the Collateral Obligations are subject to liquidation. In particular, with respect to the Initial Facility, (i) the Instructing Party may designate an Optional Early Maturity Date as early as [e], which would require repayment of the Initial Facility on s
ase and oversee the Collateral Obligations and to generally administer affairs of the Issuer subject to the restrictions set forth in the applicable Facility documentation and the Portfolio Advisory Agreement. Preferred Shareholders will not have an opportunity to evaluate for themselves the relevant eco
RIN II • 094 Alpha Group Capital LLC additional and different investment criteria when compared to the Initial Facility, the investment experience of the Preferred Shares may change following the contemplated Refinancing. Uncertainty of Asset Accumulation The abilit
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
ent of an Optional Principal Prepayment. Refinancing Risks The Issuer, acting upon the direction of the Majority Preferred Shareholders, may redeem the Initial Facility in full in connection with an Optional Principal Prepayment or a Refinancing. There can be no assurance that, upon any such redemption, the Sale Pr
lying Instrument. "Exchange Act" means the United States Securities Exchange Act of 1934, as amended. "Expenses Amount " means, with respect to any Facility, the transaction expenses payable to the Transaction Parties. "Expense Reserve Account": The trust account established pursuant to the Refinancing i
meaning specified in the Portfolio Advisory Agreement. "Interest Period" means calculation period used for determining interest accrued pursuant to the Initial Facility. "Interest Proceeds" means all payments of accrued interest (including PIK Interest) and Additional Fees received in respect of any Collateral Obli
Entities connected to both Facility and the Initial Facility
Refinancing
ORGANIZATIONthe Collateral Obligations
ORGANIZATIONObligor
ORGANIZATION
Eric Holder
PERSONthe Retention Holder
ORGANIZATION
the Cayman Islands
LOCATIONthe PS Issuing and Paying Agency Agreement
ORGANIZATION