NRF » Topics » Section 3.37 Collateral .

These excerpts taken from the NRF 10-K filed Feb 25, 2009.
Collateral Interest Principal Balance means, prior to the Effective Date, U.S.$450,000,000, and thereafter, the aggregate Principal Balance of the sum of (i) Collateral Interests included in the Collateral (including any Collateral Interests that have become Impaired Interests or Written Down Interests),

 

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(ii) Eligible Investments, in each case, purchased with the proceeds of the issuance of the Notes or thereafter with Collateral Principal Collections, (iii) Eligible Investments held in the Earn-Out Asset Account (without duplication) and (iv) the Aggregate Class A-R Undrawn Amount (without duplication).

 

Collateral Interest Principal Balance means, prior to the Effective Date, U.S.$450,000,000, and thereafter, the aggregate Principal Balance of the sum of (i) Collateral Interests included in the Collateral (including any Collateral Interests that have become Impaired Interests or Written Down Interests),

 

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(ii) Eligible Investments, in each case, purchased with the proceeds of the issuance of the Notes or thereafter with Collateral Principal Collections, (iii) Eligible Investments held in the Earn-Out Asset Account (without duplication) and (iv) the Aggregate Class A-R Undrawn Amount (without duplication).

 

This excerpt taken from the NRF 10-Q filed Nov 9, 2007.

Section 3.37         Collateral.

 

(a) There are no outstanding rights, options, warrants or agreements for the purchase, sale or issuance of the Collateral created by, through, or as a result of any Credit Party’s actions or inactions; (b) there are no agreements on the part of any Credit Party to issue, sell or distribute the Collateral, other than this Agreement and the Credit Documents; and (c) no Credit Party has any obligation (contingent or otherwise) to purchase, redeem or otherwise acquire any securities or any interest therein or to pay any dividend or make any distribution in respect of the Collateral, except, in the case of (a) and (b), for purchase rights that may be contained in any applicable intercreditor agreement included in the Mortgage Asset File.

 

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