EFTA01365574Dataset 10
1p665w
Class), (4) clause (xi). (5) clause (xii) (only if the Class D Notes arc the Controlling Class), and (6) clause (xiii). (ii) In the event of an Effective Date Ratings Confirmation Failure, to the purchase of Collateral Obligations, until Rating Agency Confirmation is obtained. (iii) If a Special Redemption is directed by the Investment Manager, to the payment of principal of each Class of Rated Notes in accordance with the Principal Payment Sequence in an amount equal to the Special…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365574.pdf
EFTA01365288Dataset 10
1p899w
…Notes should not be considered to be "equity interests" in the Issuer. although no assurance can be given in this regard. However, the Class D Notes and the Income Notes may constitute "equity interests" in the Issuer for purposes of the Plan Asset Regulation, and such Class D Notes and Income Notes will not constitute "publicly-offered securities" for purposes of the Plan Asset Regulation. In addition, the Issuer will not be registered under the Investment Company Act and it…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365288.pdf
EFTA01376310Dataset 10
1p665w
Class), (4) clause (xi). (5) clause (xii) (only if the Class D Notes arc the Controlling Class), and (6) clause (xiii). (ii) In the event of an Effective Date Ratings Confirmation Failure, to the purchase of Collateral Obligations, until Rating Agency Confirmation is obtained. (iii) If a Special Redemption is directed by the Investment Manager, to the payment of principal of each Class of Rated Notes in accordance with the Principal Payment Sequence in an amount equal to the Special…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376310.pdf
EFTA01376284Dataset 10
1p433w
…Date. With respect to any exercise of Voting Rights. any Class A Notes that are entitled to vote on a matter will vote together as a single class except as specified, and any Subordinated Securities that arc entitled to vote on a matter will vote together as a single class. The Class D Notes and the Subordinated Notes (collectively, the "Issuer Only Notes") will be limited recourse debt obligations of the Issuer, and the Senior Notes will be limited recourse…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376284.pdf
EFTA01365658Dataset 10
1p468w
…so long as any Class B Notes are outstanding; then the Class C Notes, so long as any Class C Notes are outstanding; then the Class D Notes, so long as any Class D Notes are outstanding; and then the Income Notes, so long as any Income Notes are outstanding. "Controlling Person": A Person (other than a Benefit Plan Investor) that has discretionary authority or control with respect to the assets of the Issuer or that provides investment advice for…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365658.pdf
EFTA01376275Dataset 10
1p971w
(Continued horn previous page) Interest on the Class A Notes. the Class B Notes. the Class C Notes (colltretively, the "Senior Notes") and the Class D Notes (together with the Senior Notes, the "Rated Notes") will accrue at the applicable Interest Rate from the Closing Date until such Notes are redeemed or repaid and will be payable in U.S. Dollars in arrears on the 22nd of March. June, September and December of each year. commencing in December 2011 (or…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376275.pdf
EFTA01365527Dataset 10
1p971w
(Continued horn previous page) Interest on the Class A Notes. the Class B Notes. the Class C Notes (colltretively, the "Senior Notes") and the Class D Notes (together with the Senior Notes, the "Rated Notes") will accrue at the applicable Interest Rate from the Closing Date until such Notes are redeemed or repaid and will be payable in U.S. Dollars in arrears on the 22nd of March. June, September and December of each year. commencing in December 2011 (or…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365527.pdf
EFTA01365228Dataset 10
1p677w
…a "Payment Date"). See "Description of the Notes Payments." Among the Senior Notes, except as otherwise described herein, payments on the Class D Notes will be subordinate to payments on the Class A Notes. the Class B Notes and the Class C Notes, payments on the Class C Notes will be subordinate to payments on the Class A Notes and the Class B Notes, payments on the Class B Notes will be subordinate to payments on the Class A Notes…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365228.pdf
EFTA01376366Dataset 10
1p480w
…Notes, (iii) the Aggregate Principal Amount of the Class B Notes, (iv) the Aggregate Principal Amount of the Class C Notes and (v) the Aggregate Principal Amount of the Class D Notes and (c) when used with respect to all of the Notes, the sum of (i) the Aggregate Principal Amount of the Senior Notes and (ii) the Aggregate Principal Amount of the Income Notes. "Aggregate Principal Balance": When used with respect to the Collateral Obligations or the Eligible Investments…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376366.pdf
EFTA01376447Dataset 10
1p440w
…to make payments in accordance with the Note Payment Sequence, to the extent necessary to cause both Class D Coverage Tests to be satisfied as of such Determination Date; (C) to the Holders of the Class D Notes, all accrued and unpaid Deferred Interest with respect to the Class D Notes, to the extent not paid pursuant to the Interest Priority of Payments; (D) in the event that either Rating Agency has not confirmed in writing its rating in effect…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376447.pdf
EFTA01365483Dataset 10
1p503w
…are retired, the Class C Notes; and (e) after the Class C Notes are retired, the Class D Notes. (c) If any Event of Default has occurred and has not been cured or waived and acceleration occurs in accordance with Article V, then on each Distribution Date, Interest Proceeds and Principal Proceeds will be distributed in the following order of priority (the "Priority of Post-Acceleration Payments"): (i) To the payment of the taxes (including any stamp taxes), governmental fees…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365483.pdf
EFTA01376135Dataset 10
1p473w
…and perfected security interest in specified collateral; provided that Subordinated Lien Loans shall constitute Secured Loans. "Securities": The Notes, collectively. "Securities Act": The U.S. Securities Act of 1933, as amended. "Securities and Exchange Law": The Securities and Exchange Law of Japan. "Senior Notes": The Class A Notes, the Class B Notes, the Class C Notes and the Class D Notes, collectively. 115 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0072014 CONFIDENTIAL SDNY_GM_00218198 EFTA01376135
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376135.pdf
EFTA01376446Dataset 10
1p413w
…Notes, the Class B Notes and the Class C Notes in accordance with the Note Payment Sequence to the extent necessary to cause both such tests to be satisfied as of the related Determination Date; (K) to the Holders of the Class C Notes, all accrued and unpaid Deferred Interest with respect to the Class C Notes; (L) to the Holders of the Class D Notes, the Class D Interest Amount (excluding, for the avoidance of doubt, any Deferred Interest)…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376446.pdf
EFTA01376387Dataset 10
2007-01-171p413w
…amounts have been paid in full; (vi) to the redemption of the Class C Notes, until the Class C Notes have been fully redeemed; (vii) to the payment of unpaid Deferred Interest on the Class D Notes, until such amounts have been paid in full; and (viii) to the redemption of the Class D Notes, until the Class D Notes have been fully redeemed. "Notes": Collectively, the Notes authorized by, and authenticated and delivered under, this Indenture (as specified in…
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376387.pdf