EFTA01376414Dataset 10
1p595w
…assignment for the benefit of creditors, or the admission by it in writing of its inability to pay its debts generally as they become due, or the passing of a resolution to wind up voluntarily either of the Co-Issuers, or the taking of any action by either of the Co-Issuers in furtherance of any such action; or (h) on any Determination Date, failure to maintain the EOD Ratio at 100% or higher. 95 CONFIDENTIAL - PURSUANT TO FED. R…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376414.pdf
EFTA01376408Dataset 10
1p593w
…defaced, destroyed, lost or stolen Security has become due and payable, the Applicable Issuers in their discretion may, instead of issuing a new Security, pay such Security without requiring surrender thereof except that any mutilated or defaced Security shall be surrendered. Upon the issuance of any new Security under this Section 2.7, the Applicable Issuers may require the payment by the Holder thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376408.pdf
EFTA01386502Dataset 10
1p645w
…foreign issuers, collective vehicles that invest in foreign securities and other securities, derivatives or instruments whose performance is linked to the performance of foreign securities or baskets of foreign securities. Investments in foreign securities are affected by risk factors generally not thought to be present in the United States. These risks may be increased to the extent that a Fund invests in issuers in emerging markets. Such factors include, but are not limited to. the following: varying custody, brokerage and…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01386502.pdf
EFTA01376154Dataset 10
2011-06-221p464w
…the Secured Parties. Each of the Co-Issuers is entering into this Indenture, and the Trustee is accepting the trusts created hereby, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. All things necessary to make this Indenture a valid agreement of each of the Co-Issuers in accordance with its terms have been done. GRANTING CLAUSES I. Subject to the priorities and the exclusions, if any, specified below in this Granting Clause, the Issuer…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376154.pdf
EFTA01365294Dataset 10
1p707w
…material adverse change in its financial position since the date of its creation. Neither of the Co-Issuers is involved, or has been involved since incorporation, in any litigation or arbitration proceedings relating to claims on amounts which may have or have had a material effect on the Co-Issuers in the context of the issue of the Securities, nor, so far as the Co-Issuer is aware, is any such litigation or arbitration involving it pending or threatened. The…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365294.pdf
EFTA01376364Dataset 10
2007-01-181p441w
…Co-Issuers are entering into this Indenture, and the Trustee is accepting the trusts created hereby, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. All things necessary to make this Indenture a valid agreement of the Co-Issuers in accordance with the agreement's terms have been done. GRANTING CLAUSES The Issuer hereby Grants to the Trustee, for the benefit and security of the Noteholders, the Collateral Manager, the Collateral Administrator and the Trustee…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376364.pdf
EFTA01365366Dataset 10
2011-06-221p465w
…the Secured Parties. Each of the Co-Issuers is entering into this Indenture, and the Trustee is accepting the trusts created hereby, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. All things necessary to make this Indenture a valid agreement of each of the Co-Issuers in accordance with its terms have been done. GRANTING CLAUSES I. Subject to the priorities and the exclusions, if any, specified below in this Granting Clause, the Issuer…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365366.pdf
EFTA01376250Dataset 10
1p519w
…any Security shall bind the Holder (and any transferee thereof) of such Security and of every Security issued upon the registration thereof or in exchange thereof or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Trustee or either of the Co-Issuers in reliance thereon, whether or not notation of such action is made upon such Security certificate. (e) Notwithstanding any other provision of this Indenture, with respect to any Global Security…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376250.pdf
EFTA01365496Dataset 10
1p519w
…any Security shall bind the Holder (and any transferee thereof) of such Security and of every Security issued upon the registration thereof or in exchange thereof or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Trustee or either of the Co-Issuers in reliance thereon, whether or not notation of such action is made upon such Security certificate. (e) Notwithstanding any other provision of this Indenture, with respect to any Global Security…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365496.pdf
EFTA01448697Dataset 10
1p1,218w
…in most cases, not registered with the Securities and Exchange Commission or listed on any U.S. securities exchange; (2) Foreign Securities, particularly those of issuers in the so-called "emerging markets" are often illiquid, are sometimes subject to legal and/or contractual transfer restrictions and it may be difficult or impossible to dispose of such Foreign Securities prior to the maturity thereof or to determine the market price thereof for valuation purposes; (3) Foreign Securities, and the issuer, guarantors…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01448697.pdf
EFTA01448553Dataset 10
1p1,054w
…most cases, not registered with the Securities and Exchange Commission or listed on any U.S. securities exchange, (b) Foreign Securities, particularly those of issuers in the so-called "emerging markets" are often illiquid, are sometimes subject to legal and/or contractual transfer restrictions and it may be difficult or impossible to dispose of such Foreign Securities prior to the maturity thereof or to determine the market price thereof for valuation purposes, (c) Foreign Securities, and the issuer, guarantors or…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01448553.pdf
EFTA01448595Dataset 10
1p1,054w
…most cases, not registered with the Securities and Exchange Commission or listed on any U.S. securities exchange, (b) Foreign Securities, particularly those of issuers in the so-called "emerging markets" are often illiquid, are sometimes subject to legal and/or contractual transfer restrictions and it may be difficult or impossible to dispose of such Foreign Securities prior to the maturity thereof or to determine the market price thereof for valuation purposes, (c) Foreign Securities, and the issuer, guarantors or…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01448595.pdf