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efta-efta01376384DOJ Data Set 10CorrespondenceEFTA Document EFTA01376384
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Rating is higher than the Moody's Default Probability Rating, the rating subcategories
difference will be positive and if it is lower, negative):
Number of Moody's Ratings
Subcategories Difference Between the Moody's
Obligation Rating and the Moody's Default
Probability Rating
Moody's
Senior Secured
Loans
Moody's
Non Senior
Secured Loans
Bonds
+2 or more
60.0%
45.0%
40.0%
+1
50.0%
42.5%
35.0%
0
45.0%
40.0%
30.0%
-I
40.0%
30.0%
15.0%
-2
30.0%
15.0%
10.0%
-3 or less
20.0%
10.0%
2.0%
Of
(iii)
if no recovery rate has been specifically assigned with respect to a Loan
pursuant to clauses (i) above, and the Loan is a DIP Loan, 50%.
With respect to a Collateral Obligation that is a Structured Finance Obligation, the
Moody's Structured Finance Recovery Rate therefor.
With respect to a Collateral Obligation that is a Synthetic Security, the rate
assigned by Moody's on a case-by-case basis.
"Moody's Senior Secured Loan": (a) A Loan that:
(i)
is not (and cannot by its terms become) subordinate in right of
payment to any other obligation of the Obligor of the Loan,
(ii)
is secured by a valid first priority perfected security interest or lien
in, to or on specified collateral securing the Obligor's obligations under the Loan,
and
(iii)
the value of the collateral securing the Loan, together with other
attributes of the Obligor (including, without limitation, its general financial
condition, ability to generate cash flow available for debt service and other
demands for that cash flow), is adequate (in the commercially reasonable
judgment of the Collateral Manager) to repay the Loan in accordance with its
terms and to repay all other loans of equal seniority secured by a first lien or
security interest in the same collateral, or
(b)
a Loan that:
(i)
is not (and cannot by its terms become) subordinate in right of
payment to any other obligation of the Obligor of the Loan, other than, with
respect to a Loan described in clause (i) above, with respect to the liquidation of
such obligor or the collateral for such loan,
37
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0072472
CONFIDENTIAL
SDNY_GM_00218656
EFTA01376384
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