THIS NOTICE IS IMPORTANT AND REQUIRES YOUR IMMEDIATE ATTENTION.
THIS NOTICE CONTAINS IMPORTANT INFORMATION OF INTEREST TO THE BENEFICIAL OWNERS OF THE NOTES. IF APPLICABLE, ALL DEPOSITARIES, CUSTODIANS AND OTHER INTERMEDIARIES RECEIVING THIS NOTICE ARE REQUESTED TO PASS THIS NOTICE TO SUCH BENEFICIAL OWNERS IN A TIMELY MANNER.
If you are in any doubt as to the action you should take, you are recommended to seek your own financial, legal or other advice immediately from your stockbroker, bank manager, solicitor, accountant or other appropriately authorised independent financial adviser.
If you have recently sold or otherwise transferred your entire holding(s) of the Notes referred to below, you should immediately forward this document to the purchaser or transferee or to the stockbroker, bank or other agent through whom the sale or transfer was effected for transmission to the purchaser or transferee.
FORNAX (ECLIPSE 2006-2) B.V.
a company incorporated with limited liability in the Netherlands with registration number
to the holders of the outstanding
€100,000 Class X Commercial Mortgage Backed Floating Rate Notes due 2019
€36,050,000 Class D Commercial Mortgage Backed Floating Rate Notes due 2019
€44,950,000 Class E Commercial Mortgage Backed Floating Rate Notes due 2019
€30,500,000 Class F Commercial Mortgage Backed Floating Rate Notes due 2019
€8,000,000 Class G Commercial Mortgage Backed Floating Rate Notes due 2019
(together, the Notes)
Notice of Note Event of Default
NOTICE IS HEREBY GIVEN to the holders of Notes that the Trustee has notified of the Issuer of the occurrence of a Note Event of Default as a result of the Issuer's default in the payment of interest due and payable on the Class D Notes (being the Most Senior Class of Notes currently outstanding) for a period of more than five (5) Business Days on the Interest Payment Date falling on 22 August 2016.
Condition 10.1(a) of the Notes provides that if a Note Event of Default occurs, then:
(i) the Trustee will, in its absolute discretion, be entitled to, and must, if:
(A) it is directed to do so in writing by the holders of not less than 25% of the aggregate Principal Amount Outstanding of the Most Senior Class of Notes then outstanding; or
(B) it is directed to do so by an Extraordinary Resolution of holders of the Most Senior Class of Notes then outstanding; and
in each case, provided that it has been indemnified and/or secured to its satisfaction, serve notice (an Acceleration Notice) on the Issuer declaring the Notes to be immediately due and repayable; and
(ii) the Issuer Security will become enforceable.
For the purposes of Condition 10.1(a) of the Notes, the Most Senior Class of Notes currently outstanding is the Class D Notes.
Capitalised terms used but not defined herein have the meaning given to them in the prospectus dated 20 September 2006 in relation to the Notes.
This notice is given by the Issuer, and shall be governed by, and construed in accordance with, English law.
The contact details of the Issuer are:
Fornax (Eclipse 2006-2) B.V.
c/o Structured Finance Management (Netherlands) B.V.
De Boelelaan 7
Tel: +31 20 218 13 00
Email: [email protected]
This Notice is given by
FORNAX (ECLIPSE 2006-2) B.V.
5 September 2016
This announcement has been issued through the Companies Announcement Service of
the Irish Stock Exchange.
This information is provided by RNS