CWCAPITAL COBALT II, LTD. & LLC NOTICE OF SUCCESSOR TRUSTEE
Date | 29-Sep-2009 |
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CWCAPITAL COBALT II, LTD. CWCAPITAL COBALT II, LLC NOTICE OF SUCCESSOR TRUSTEE AND EXECUTED SUPPLEMENTAL INDENTURE NOTE: THIS NOTICE CONTAINS IMPORTANT INFORMATION THAT IS OF INTEREST TO THE REGISTERED AND BENEFICIAL OWNERS OF THE SUBJECT NOTES AND PREFERRED SHARES. IF APPLICABLE, ALL DEPOSITORIES, CUSTODIANS, AND OTHER INTERMEDIARIES RECEIVING THIS NOTICE ARE REQUESTED TO EXPEDITE RE-TRANSMITTAL TO BENEFICIAL OWNERS OF THE NOTES AND PREFERRED SHARES IN A TIMELY MANNER. September 25, 2009 To: Individuals and Entities listed on Exhibit A attached hereto.From: Wells Fargo Bank, National Association, in its capacity as Outgoing Trustee for CWCapital Cobalt II, Ltd. Re: Notice of Effective Date of Successor Trustee and Executed Supplemental Indenture Reference is made to (i) that certain Indenture dated as of May 10, 2006 (as amended, modified or supplemented through the date hereof, the “Indenture”) among CWCapital Cobalt II, Ltd., as Issuer (the “Issuer”), CWCapital Cobalt II, LLC, as Co-Issuer (the “Co-Issuer”), CWCapital Investments LLC, as Advancing Agent (the “Advancing Agent”) and Wells Fargo Bank, National Association (“Wells Fargo”), as Trustee (the “Trustee”) and (ii) that certain Notice of Resignation of Trustee and Proposed Supplemental Indenture dated May 29, 2009 (the “Notice of Resignation”) wherein Wells Fargo, as Outgoing Trustee (the “Outgoing Trustee”) provided notice of its resignation as Trustee under the Indenture, of the appointment of U.S. Bank National Association as successor Trustee (the “Successor Trustee”) under the Indenture and of a proposed supplement to the Indenture (the “Supplement”). Capitalized terms not defined herein shall have the meanings given to them in the Indenture. You are hereby notified that U.S. Bank National Association has assumed all of the Outgoing Trustee’s duties and obligations pursuant to a written agreement, which assumption was effective on September 18, 2009, and U.S. Bank National Association is now Trustee under the Indenture. You are further notified that notwithstanding the resignation of the Outgoing Trustee, Wells Fargo continues to act (i) as Collateral Administrator, Paying Agent, Calculation Agent, Transfer Agent, Backup Advancing Agent and Notes Registrar under the Indenture, (ii) as Custodial Securities Intermediary and Securities Intermediary under the Indenture and Securities Corporate Trust Services 9062 Old Annapolis Road, Columbia, MD 21045-1951 MAC: N2702-011 Accounts Control Agreement, as amended in connection with the appointment of the Successor Trustee, (iii) as Preferred Shares Paying Agent under the Paying Agency Agreement, and (iv) as Collateral Administrator pursuant to the Supplement, which was effective as of September 18, 2009. A copy of the executed Supplement is attached hereto as Exhibit B.Questions may be directed to the Trustee by mail at U.S. Bank National Association, Corporate Trust Services, 214 N. Tryon Street, 26th Floor, Charlotte, North Carolina 28202 or by facsimile at (704) 335-4678 or to the Collateral Administrator to the attention of Cheryl Bohn by telephone at (410) 884-2097, by e-mail at Cheryl.Bohn@wellsfargo.com, by facsimile at (866) 373-0261 or by mail addressed to Wells Fargo Bank, National Association, Specialized Asset Services, 9062 Old Annapolis Road, Columbia, MD 21045, Attn: Cheryl Bohn. Wells Fargo makes no recommendations and gives no investment advice herein or as to the Notes generally. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Outgoing Trustee EXHIBIT A Holders of Notes and Preferred Shares: CUSIPS: 12668CAA9, G26087AA7, 12668CAB7, G26087AB5, 12668CAM3, G26087AM1, 12668CAN1, G26087AN9, 12668CAP6, G26087AP4, 12668CAC5, G26087AC3, 12668CAD3, G26087AD1, 12668CAE1, G26087AE9, 12668CAF8, G26087AF6, 12668CAG6, G26087AG4, 12668CAH4, G26087AH2, 12668CAJ0, G26087AJ8, 12668CAK7, G26087AK5, 12668CAL5, G26087AL3, 12668D208, G26079106 Issuer: CWCapital Cobalt II, Ltd. c/o Maples Finance Limited P.O. Box 1093 Boundary Hall, Cricket Square George Town, Grand Cayman, Cayman Islands Attn: The Directors Fax: (345) 945-7100 E-mail: carlos.farjallah@maplesfinance.com Co-Issuer: CWCapital Cobalt II, LLC c/o Puglisi & Associates 850 Library Avenue, Suite 204 Newark, Delaware 19711 Attention: Donald Puglisi Fax: (302) 738-7210 Initial Purchaser: Wachovia Capital Markets, LLC 375 Park Avenue, 2 nd Floor (NY4087)New York, New York 10152 Attn: Julia Hu Fax: (212) 214-5962 Hedge Counterparty, Upfront Swap Counterparty and Synthetic Asset Counterparty: Wachovia Bank, National Association 301 South College, DC-8 Charlotte, North Carolina 28202-0600 Attn: Bruce M. Young, Senior Vice President Risk Management Fax: (704) 383-0575 Fax: (704) 383-9139 Investment Agreement Provider: Wachovia Bank, National Association 201 S. College Street Charlotte, North Carolina 28202 Attn: Jon Laska Fax: (704) 590-3301 Ref: CWCapital Cobalt II Class A-1AR Note Agent: Wachovia Capital Markets, LLC One Wachovia Center Charlotte, North Carolina 28288 Attn: Conduit Administration Fax: (704) 383-9579 Rating Agencies: Standard & Poor’s 55 Water Street, 41 st FloorNew York, New York 10041-0003 Attention: Structured Finance Ratings, Asset- Backed Securities CBO/CLO Surveillance Fax: (212) 438-2664 Email: cdo_surveillance@standardandpoors.com Moody’s Investors Service, Inc. 7 World Trade Center at 250 Greenwich Street New York, New York 10007 Attn: CBO/CLO Monitoring Fax: (212) 553-4170 Email: cdomonitoring@moodys.com Collateral Manager: CWCapital Investments LLC 1540 Broadway, 23 rd FloorNew York, New York 10036 Attn: Craig Lieberman Fax: (646) 253-8849 Successor Trustee: U.S. Bank National Association Corporate Trust Services 214 N. Tryon Street, 26th Floor Charlotte, North Carolina 28202 Fax: (704) 335-4678 Preferred Shares Paying Agent: Wells Fargo Bank, National Association P.O. Box 98 Columbia, Maryland 21046 Attn: CDO Trust Services Group—CWCapital Cobalt II Fax: (410) 715-3748 With a copy to: Wells Fargo Bank, National Association 9062 Old Annapolis Road, Columbia, MD 21045 Attn: CDO Trust Services—CWCapital Cobalt II Fax: (410) 715-3748 Cayman Islands Stock Exchange :Cayman Islands Stock Exchange 4th Floor, Elizabethan Square P.O Box 2408 G.T. Grand Cayman, Cayman Islands Fax: (345) 945-6061 Email: CSX@CSX.COM.KY EXHIBIT B
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