Source - RNS
RNS Number : 4850O
Apidos Cinco CDO
17 May 2018
 



 

 

The Bank of New York Mellon Trust Company, National Association

 

APIDOS CINCO CDO

 

NOTICE OF OPTIONAL REDEMPTION

 

NOTE: THIS NOTICE CONTAINS IMPORTANT INFORMATION THAT IS OF INTEREST TO THE REGISTERED AND BENEFICIAL OWNERS OF THE SUBJECT SECURITIES. IF APPLICABLE, ALL DEPOSITORIES, CUSTODIANS, AND OTHER INTERMEDIARIES RECEIVING THIS NOTICE ARE REQUESTED TO EXPEDITE RE-TRANSMITTAL TO BENEFICIAL OWNERS OF THE SECURITIES IN A TIMELY MANNER.

 

November 4, 2016

 

To:      The Holders of the Securities described as follows:

 

 


CUSIP*

Rule 144A Reg S

Common Code*

ISIN*

Class A-3 Notes

03762DAD5 G04862AD3

030018354

USG04862AD30

Class B Notes

03762DAE3 G04862AE1

030018508

USG04862AE13

Class C Notes

03762DAF0 G04862AF8

030018583

USG04862AF87

Class D Notes

03762DAG8 G04862AG6

030018664

USG04862AG60

Class A Preferred Shares

03762D202 G04862200

N/A

KYG048622008

Class B Preferred Shares

03762D301 G04862309

N/A

KYG048623097

 

To:      Those Additional Addressees listed on Schedule I hereto

 

Reference is made to that certain (i) Indenture, dated as of May 30, 2007 (as further supplemented, the "Indenture"), by and among APIDOS CINCO CDO, an exempted company incorporated with limited liability and existing under the laws of the Cayman Islands, as issuer (the "Issuer"), and The Bank of New York Mellon Trust Company, National Association (formerly known as The Bank of New York Trust Company, National Association), as trustee (in such capacity, the "Trustee") and (ii) Fiscal Agency Agreement dated as of May 30, 2007 (the "Fiscal Agency Agreement"), by and among the Issuer, MaplesFS Limited (formerly known as Maples Finance Limited), as share registrar, and The Bank of New York Mellon Trust Company,

 

* No representation is made as to the correctness of the CUSIP, Common Codes and ISIN numbers either as printed on the or as contained in this notice. Such numbers are included solely for the convenience of the Holders.

 

4811-2103-8907.3

 

National Association (formerly known as The Bank of New York Trust Company, National Association), as fiscal agent (in such capacity, the "Fiscal Agent"). Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture.

 

Pursuant to Section 9.1(a) of the Indenture, the Required Redemption Percentage has directed the Issuer to redeem the Securities (the "Optional Redemption"). In accordance with Section 9.2(b) of the Indenture, the Trustee hereby provides notice of the following information relating to the Optional Redemption:

 

The Redemption Date for the Securities shall be November 14, 2016. The Record Date shall be October 28, 2016.

The aggregate outstanding principal amount of each Class of Rated Notes to be redeemed is as follows:

 

(i)         For the Class A-3 Notes, $11,833,174.37;

(ii)        For the Class B Notes, $18,000,000;

(iii)       For the Class C Notes, $14,000,000; and

(iv)       For the Class D Notes, $11,000,000.

 

The Redemption Price for each Class of Rated Notes to be redeemed and the estimated Redemption Price of the Preferred Shares shall be as follows:

 

(i)         For the Class A-3 Notes - $11,870,175.06 (which equals the outstanding principal amount of the Class A-3 Notes to be redeemed plus accrued interest (including any Defaulted Interest (and any interest thereon));

 

(ii)        For the Class B Notes - $18,073,573.50 (which equals the outstanding principal amount of the Class B Notes to be redeemed plus accrued interest (including any Defaulted Interest and any Deferred Interest (and any interest thereon));

 

(iii)       For the Class C Notes - $14,108,537.72 (which equals the outstanding principal amount of the Class C Notes to be redeemed plus accrued interest (including any Defaulted Interest and any Deferred Interest (and any interest thereon));

 

(iv)       For the Class D Notes - $11,140,890.75 (which equals the outstanding principal amount of the Class D Notes to be redeemed plus accrued interest (including any Defaulted Interest and any Deferred Interest (and any interest thereon)); and

 

(v)        For the Preferred Shares, an amount equal to any remaining Principal Proceeds payable on such Preferred Shares under clause (iv) or (vi), as applicable, of the Priority of Principal Proceeds.

 

The amount payable in respect of the Securities to be redeemed will be limited to the applicable Redemption Price. On the Redemption Date, the Notes are being paid in full and

 

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4811-2103-8907.3


 

interest on the Notes shall cease to accrue on the Redemption Date.

 

Pursuant to Section 9.2 of the Indenture, the Optional Redemption may be cancelled upon the occurrence of certain conditions, as provided in the Indenture.

 

The Investment Manager has advised the Trustee that certain items of the Pledged Collateral Obligations may not be sold prior to the Redemption Date. In light of the foregoing, additional amounts may become available for distribution to Holders of Preferred Shares after the Redemption Date and the distribution of such amounts (if any) may be made on dates other than Payment Dates. Accordingly, the Preferred Shares should not be surrendered at this time. The Fiscal Agent will send written notice to the Holders of the Preferred Shares at a later date.

 

Notwithstanding anything herein to the contrary, the completion of the Optional Redemption described herein is subject to the satisfaction of any additional conditions set forth in the Indenture. Payment of the Redemption Price of the Notes which are Definitive Securities on the Redemption Date will only be made upon presentation and surrender of such Notes to the Trustee at the places set forth below on or prior to the Redemption Date.

 

By First Class Registered/Certified mail:

 

The Bank of New York Mellon Trust Company, National Association Global Corporate Trust

P.O. Box 2320

Dallas, Texas 75221-2320

By Express Delivery Only:

 

The Bank of New York Mellon Trust Company, National Association Global Corporate Trust 2001 Bryan Street, 9th Floor

Dallas, TX 75201

By Hand Only:

 

The Bank of New York Mellon Trust

101 Barclay Street New York, New York, 10286

1st Floor East

Corporate Trust Window

 

The method of delivery is at the option and risk of the Holder. On the Redemption Date, the Redemption Price will become due and payable.

 

Under current United States federal income tax law, a trustee making payment of interest or principal on securities may be obligated to apply backup withholding to payments of the interest or principal payable to a holder who (i) has failed to furnish the trustee with a valid taxpayer identification number and certifications that the holder is not subject to backup withholding under the Internal Revenue Code of 1986, as amended (the "Code") and that the holder is a United States person (including a U.S. resident alien) as defined by the Code or (ii) has failed to provide appropriate certification to establish that the holder is not a United States person. Holders of Securities who are United States persons and wish to avoid the application of these provisions should submit a completed IRS Form W-9 when presenting the Securities for payment. Holders of Securities who are non-United States persons should submit an appropriate IRS Form W-8.

 

3

4811-2103-8907.3

 

 

Please contact Mike Smith at The Bank of New York Mellon Trust Company, National Association at (713) 483-6116 or [email protected] with questions.

 

THE   BANK   OF   NEW   YORK   MELLON   TRUST COMPANY, NATIONAL ASSOCIATION,

as Trustee

 

 

 

 

4

4811-2103-8907.3


 

Schedule I Additional Addressees

 

Issuer

Apidos Cinco CDO c/o MaplesFS Limited

P.O. Box 1093

Boundary Hall, Cricket Square

Grand Cayman KY1-1102, Cayman Islands Attention: The Directors

Facsimile: (345) 945-7100

 

Investment Manager

CVC Credit Partners, LLC 712 Fifth Avenue, 42nd Floor New York, New York  10019 Attention:  Chris Allen Facsimile: (212) 506-3820

 

Irish Stock Exchange

Electronic copy to be uploaded to the Irish Stock Exchange website via http://www.isedirect.ie

 

DTC, Euroclear and Clearstream [email protected] [email protected] [email protected] [email protected] [email protected]

 

This announcement has been issued through the Companies Announcement Service of Euronext Dublin

 


This information is provided by RNS
The company news service from the London Stock Exchange
 
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