49B. In this Part—

"Act of 1990" means the National Treasury Management Agency Act 1990;

"Act of 2009" means the National Asset Management Agency Act 2009;

"Act of 2013" means the Irish Bank Resolution Corporation Act 2013;

"Act of 2026" means the National Treasury Management Agency (Miscellaneous Provisions) Act 2026;

"asset" includes a NAMA bank asset or an IBRC bank asset, or both, as the case may be;

"associated debtor" means a person who immediately before the dissolution day was an associated debtor within the meaning of section 70 of the Act of 2009 (as that section stood before the coming into operation of section 4 (1) of the Act of 2026);

"bank asset of NAMA or a NAMA group entity" includes—

(a) a credit facility,

(b) any security relating to a credit facility,

(c) every other right arising directly or indirectly in connection with a credit facility,

(d) every other asset owned by NAMA or a NAMA group entity, as the case may be, that relates to a credit facility, and

(e) an interest in a bank asset referred to in any of paragraphs (a) to (d);

"borrow" includes the raising of money in any manner (including, in particular, borrowing by the creation and issue of bonds, debentures and debt securities, whether subordinated or not);

"charge" includes—

(a) a mortgage, judgment mortgage, charge, lien, pledge, hypothecation or other security interest or encumbrance or collateral in or over any property,

(b) an assignment by way of security, and

(c) an undertaking or agreement by any person (including a solicitor) to give or create a security interest in property;

"company" means—

(a) a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, or

(b) a body established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a);

"credit facility" includes every kind of financial accommodation (including a loan facility, a line of credit, a hedging facility, a derivative facility, a bond, a letter of credit, a guarantee facility, an invoice discounting facility, a debt factoring facility, a deferred payment arrangement, a leasing facility, a guarantee, an indemnity and any other financial accommodation giving rise to a payment or repayment obligation) provided to—

(a) in the case of NAMA or a NAMA group entity, a debtor or associated debtor, or

(b) in the case of IBRC, any person,

whether alone or together with another person or persons and whether as part of a syndicate or otherwise;

"credit institution" has the same meaning as it has in the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014);

"debtor" means a person who is or was indebted or obligated to a participating institution under or in connection with a credit facility;

"dissolution day" means the day appointed by order under section 7 of the Act of 2026;

"guarantor" means a person who has entered into a guarantee or indemnity in connection with a relevant bank asset;

"IBRC" means Irish Bank Resolution Corporation Limited;

"IBRC bank asset" means any bank asset (construed in accordance with section 11A(6) of the Act of 2013) of IBRC that is transferred to the Agency or a subsidiary of the Agency pursuant to a transfer agreement;

"interest", in relation to a relevant bank asset, means—

(a) the whole or any part or fraction of the relevant bank asset,

(b) any other estate in, right or title to or interest in, the relevant bank asset (whether legal or beneficial), or

(c) any interest, other than a legal or beneficial interest;

"legal proceedings" includes any form of binding dispute resolution, including arbitration;

"NAMA" means the National Asset Management Agency;

"NAMA bank asset" means a bank asset of NAMA or a NAMA group entity that, immediately before the dissolution day, was an acquired bank asset within the meaning of section 4 of the Act of 2009 (as that section stood before the coming into operation of section 4(1) of the Act of 2026) and which, on and after the dissolution day is a bank asset of the Agency or a subsidiary of the Agency, as the case may be;

"NAMA group entity" has the same meaning as it has in section 4 of the Act of 2009 (as that section stood before the coming into operation of section 4 (1) of the Act of 2026);

"participating institution" means a credit institution, including any subsidiary of a credit institution, that immediately before the dissolution day was a participating institution, within the meaning of section 4 of the Act of 2009 (as that section stood before the coming into operation of section 4 (1) of the Act of 2026), for the purposes of that Act;

"relevant acquisition schedule" in relation to a NAMA bank asset means the acquisition schedule within the meaning of section 4 of the Act of 2009 (as that section stood before the coming into operation of section 4 (1) of the Act of 2026) in respect of that asset that was subsisting immediately before the dissolution day;

"relevant bank asset" means an IBRC bank asset or NAMA bank asset, as the case may be;

"relevant residual matter" means any residual IBRC matter or residual NAMA matter, as the case may be;

"residual IBRC matter" means a residual matter (within the meaning of section 11A of the Act of 2013) that is transferred to the Agency or a subsidiary of the Agency, as the case may be, pursuant to a transfer agreement;

"residual NAMA matter" means any asset, liability, right, cause of action, entitlement or obligation of any nature or kind, or legal proceedings, that immediately before the dissolution day was an asset, liability, right, cause of action, entitlement or obligation of any nature or kind of, or relating to, NAMA or a NAMA group entity and, in the case of legal proceedings, were legal proceedings to which NAMA or a NAMA group entity was a party or which were otherwise relating to NAMA or a NAMA group entity, and which on and after the dissolution day is an asset, liability, right, cause of action, entitlement or obligation of, or relating to, the Agency or a subsidiary of the Agency, as the case may be, or, in the case of legal proceedings, are legal proceedings to which the Agency or a subsidiary of the Agency is a party or which are otherwise relating to the Agency or a subsidiary of the Agency, as the case may be;

"security" includes—

(a) a charge,

(b) a guarantee, indemnity or surety,

(c) a right of set-off,

(d) a debenture,

(e) a bill of exchange,

(f) a promissory note,

(g) collateral,

(h) any other means of securing—

(i) the payment of a debt, or

(ii) the discharge or performance of an obligation or liability,

and

(i) any other agreement or arrangement having a similar effect;

"subsidiary" shall be construed in accordance with section 7 of the Companies Act 2014;

"subsidiary of the Agency" means—

(a) a subsidiary of the Agency that, immediately before the dissolution day, was a NAMA group entity, or

(b) a company or other body corporate formed by the Agency under subsection (2)(l) of section 49C or a joint venture, partnership, co ownership or other similar arrangement entered into by the Agency under that section for the purpose of performing functions under this Part;

"surety" means a person who has provided security in connection with the repayment by a debtor of a credit facility or in connection with a guarantor’s obligations under a guarantee or indemnity;

"transfer agreement" has the same meaning as in section 11A of the Act of 2013.]