Examples of Class A Swap Counterparty in a sentence
The Issuer has been advised that the contractual rights of the Class A Swap Counterparty and the Class B Swap Counterparty respectively under English law are not secured by an English law but a Belgian law governed security interest and there is no certainty that the Belgian law governed Pledge Agreement would be recognised under English law or any other law.
As mitigant, rating triggers relating to all third parties through which funds flow, such as the Class A Swap Counterparty or the Account Bank, are incorporated in the Transaction Documents.
If the floating rate payable by the Class A Swap Counterparty or the Class B Swap Counterparty under an interest rate swap is less than the fixed rate payable by the Issuer, the Issuer will be obliged to make payments to the relevant Swap Counterparty.
If the floating rate payable by the Class A Swap Counterparty and the Class B Swap Counterparty under respectively the Class A Swap Agreement and the Class B Swap Agreement is substantially greater than the fixed rate payable by the Issuer, the Issuer will be more dependent on receiving payments from the Class A Swap Counterparty and the Class B Swap Counterparty in order to make interest payments on respectively the Class A Notes and Class B Notes.
In particular, you should read Section 4.2.8 in relation to the risk that the Class A Swap Counterparty or the Class B Swap Counterparty will not perform its obligations owed to the Issuer under the Class A Swap Agreement or the Class B Swap Agreement.
The amounts payable to the Class A Swap Counterparty and the Class B Swap Counterparty are ranked higher in priority than payments on the Class A Notes and Class B Notes respectively, except on Quarterly Payment Dates when such amount will rank pari passu with interest payable on Class A Notes and Class B Notes respectively.
In the event that any rating agency publishes changes, amendments, replacements or revisions to any of its ratings criteria and such change, if not adopted, would result in the downgrading of the Class A Notes or in the rating of the Class A Notes being put on a negative watch, the Class A Swap Counterparty and the Issuer will enter into discussions in good faith in order to amend the Class A Swap Agreement to reflect such change to the ratings criteria.
The Issuer will enter into the Class A Swap Agreement with the Class A Swap Counterparty and into the Class B Swap Agreement with the Class B Swap Counterparty on the Closing Date in order to mitigate its interest rate risk, as the Loans owned by the Issuer bear interest at fixed rates or fixed rates subject to reset from time to time while the Notes will bear interest at floating rates.
The Issuer makes payments under the Class A Swap Agreement to the Class A Swap Counterparty and payments under the Class B Swap Agreement to the Class B Swap Counterparty on each Monthly Payment Date whereas the Class A Swap Counterparty and Class B Swap Counterparty only makes payments on Quarterly Payment Dates.
If the Class A Swap Counterparty and/or the Class B Swap Counterparty fails to make payments required under the Class A Swap Agreement or the Class B Swap Agreement, respectively, when due, and payments on the Notes may be reduced or delayed.