As Issuer, THE BANK OF NEW YORK As Book-entry Depositary THE BANK OF NEW YORK As Senior Subordinated Note Custodian and THE OWNERS OF BOOK-ENTRY INTERESTS inEircom Funding • October 29th, 2003 • Valentia Telecommunications • Telephone communications (no radiotelephone) • New York
THIS EURO SENIOR SUBORDINATED DEPOSIT AND CUSTODY AGREEMENT (the “Agreement”) is made as of this 7th day of August, 2003 by and among eircom Funding, an unlimited public company incorporated under the laws of the Republic of Ireland, which is a party hereto for the limited purposes referred to herein, The Bank of New York, as the “Book-entry Depositary” (as defined below), The Bank of New York, as the “Senior Subordinated Note Custodian” (as defined below), and owners from time to time of Book-entry Interests.
EIRCOM FUNDINGEircom Funding • October 29th, 2003 • Valentia Telecommunications • Telephone communications (no radiotelephone) • New York
SENIOR SUBORDINATED INDENTURE, dated as of August 7, 2003 (this “Indenture” or the “Senior Subordinated Indenture”), among (i) eircom Funding, a public unlimited company incorporated under the laws of Ireland as of the date hereof and having its registered office at 114 St Stephen’s Green West, Dublin 2, Ireland as of the date hereof (together with its successors and assigns, “eircom Funding”), (ii) Valentia Telecommunications, a public unlimited company incorporated under the laws of Ireland as of the date hereof and having its registered office at 25/28 North Wall Quay, Dublin 1, Ireland as of the date hereof (together with its successors and assigns, the “Company”), (iii) eircom Limited, a private limited company that is a subsidiary of the Company incorporated under the laws of Ireland as of the date hereof and having its registered office at 114 St Stephen’s Green West, Dublin 2, Ireland as of the date hereof (together with its successors and assigns, “eircom”), (iv) Valentia Hold
