Examples of TRS Agreement in a sentence
The Borrower has not conducted any business or other activities other than entry into and performance under the TRS Agreement and activities incidental thereto, including in connection with the termination of the TRS Agreement and the merger of 405 Loan Funding LLC with and into the Borrower on the Closing Date.
The TRS Counterparty will have responsibility for sourcing the relevant RMBS Issuer Assets and will have the on-going right to add, remove or substitute ROs pursuant to the terms of the TRS Agreement (which shall require the addition, removal or substitution of the corresponding RMBS Issuer Assets), as long as they comply with the Eligibility Criteria described in the section “The Portfolio” below.
Therefore, the ability of the Issuer to meet its payment obligations under the Bonds is dependent (prior to the occurrence of a TRS Default Event) on the TRS Counterparty performing its obligations under the TRS Agreement.
In the event that any of those parties fails to perform its obligations under the relevant agreement to which it is a party, the ability of the Issuer to make payments under the Bonds and/or the TRS Agreement may be affected.Bondholders are exposed to credit risk in respect of the performance by the Paying Agents (and any other Agents or persons who receive assets from or on behalf of the Issuer for the purposes of making onward payment or deliveries to Bondholders) of their respective duties.
Although the risks associated with the RMBS Issuer Assets are intended to be borne by the TRS Counterparty under the TRS Agreement, assuming failure by the TRS Counterparty to meet its payment obligations under the TRS Agreement, such risks may be relevant for the Bondholders.
It is also proposed that the Covered Bond Swap in respect of the Series 2018-1 Covered Bonds will be amended and restated to provide a hedge against the possible variances between Compounded Daily SONIA payable under the Series 2018-1 Covered Bonds and LIBOR payable under the TRS Agreement.
Pursuant to the TRS Agreement, the Issuer shall make payments to the TRS Counterparty of amounts equal to the distributions received on the RMBS Securities forming part of the Trust Property and the TRS Counterparty shall make payments to the Issuer equal to the payments of interest and principal required to be made by the Issuer under the Bonds.
Where the TRS Counterparty is subject to insolvency proceedings, the automatic early termination of the TRS Agreement and the close-out netting under the Netting Act would cause the claim(s) and obligation(s) of the TRS Counterparty under the TRS Agreement to be a single claim or a single obligation as a result of such netting.However, if insolvency proceedings were commenced with respect to the Bank, an Insolvency Administrator of the Bank may seek to re-characterise the effect of the TRS Agreement.
Please see “Risk Factors – There is a risk that the segregation and bankruptcy remoteness of the Trust Property may be subject to challenge”, “Risk Factors – There is a possibility that the characterisation of the TRS Agreement may be challenged by the Insolvency Administrator” and “Risk Factors – There is a possibility that the calculation of the Early Termination Amount under the TRS Agreement may be challenged by the Insolvency Administrator” above.
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