THIS NOTICE CONTAINS IMPORTANT INFORMATION OF INTEREST TO THE REGISTERED AND BENEFICIAL OWNERS OF THE NOTES (AS DEFINED BELOW). 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 advice immediately from your stockbroker, bank manager, solicitor, accountant or other financial adviser authorised under the Financial Services and Markets Act 2000 (if you are in the United Kingdom), or from another appropriately authorised independent financial adviser and such other professional advice from your own professional advisors as you deem necessary.
This Notice is addressed only to holders of the Notes (as defined below) who are persons to whom it may otherwise be lawful to distribute it ("relevant persons"). It is directed only at relevant persons and must not be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which this Notice relates is available only to relevant persons and will be engaged in only with relevant persons.
If you have recently sold or otherwise transferred your entire holding(s) of 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.
NOTICE TO HOLDERS OF THE OUTSTANDING NOTES:
€12,000,000 Class B Floating Rate Notes due 2094 ISIN XS0235147617
€12,400,000 Class C Subordinated Notes due 2094 ISIN XS0235158143
FAXTOR ABS 2005-1 B.V. (the "Issuer")
Reference is hereby made to that certain Trust Deed (the "Trust Deed") dated 7 December 2005, between the Issuer, Deutsche Trustee Company Limited, as trustee (the "Trustee"), Deutsche Bank AG, London Branch, as collateral administrator, agent bank, custodian, account bank and principal paying agent, Deutsche Bank Luxembourg S.A., as transfer agent, Deutsche International Corporate Services (Ireland) Limited, as Irish paying agent and Dock Street Capital Management LLC, as collateral manager (the "Collateral Manager"). Capitalised terms used herein but not defined shall have the respective meanings assigned to such terms in the Trust Deed (as amended and/or restated and/or novated from time to time).
In accordance with Condition 10(a) (Events of Default) of the Conditions as set forth in Schedule 3 to the Trust Deed, notice is hereby provided that an Event of Default under Condition 10(a)(i) has occurred as, following redemption and payment in full of the Class A Notes, the Issuer has failed to pay interest on the Class B Floating Rate Notes when the same became due and payable and such failure to pay such interest continued for a period of five Business Days.
The Trustee makes no representation as to the accuracy or completeness of this Notice and accepts no liability for any loss caused by any inaccuracy in this Notice. The Trustee makes no recommendation and gives no legal or investment advice, including as to the Notes generally. Noteholders must take their own independent legal and/or financial advice and cannot rely on advice or information provided by or to the Trustee, statements as to the legal or financial position included in notices issued by the Trustee relating to the Notes or otherwise or the views of the Trustee.
This notice constitutes the notice to Noteholders pursuant to Condition 10(e) of the Conditions.
Queries may be addressed to the Issuer as follows:
FAXTOR ABS 2005-1 B.V.
Attention: Managing Director
1101 CM Amsterdam
Facsimile: 020 6730 016
11 February 2019.
*Trustee is not responsible for selection or use of any CUSIP or ISIN numbers. It is included solely for holder convenience.
This announcement has been issued through the Companies Announcement Service of Euronext
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