Ring Fencing. If Western Power* is an Integrated Provider*, then a court or tribunal, in considering whether:
Ring Fencing. The Borrower shall procure that:
Ring Fencing. 9.1 No person or entity will become a BEE Shareholder until such person or entity has signed a deed of adherence in a form acceptable to the Company binding itself to the provisions of this Agreement and the other Transaction Documents and all such persons will be either Black Entities or Black People.
Ring Fencing. No Obligor shall (and the Borrower shall ensure that no other Group Member will) sell, lease, license, transfer or otherwise dispose of any cash or any other assets (including any Equity Interests) to, provide or make available any loan, credit or Financial Indebtedness to or in favour of, or declare or make any Distribution to or in favour of, or grant any guarantee, indemnity, Security or Quasi-Security to or for the benefit of the obligations of, or otherwise invest in, or enter into any amalgamation, demerger, merger, consolidation or corporate reconstruction with, or issue any Equity Interest in favour of (each a “Restricted Activity”):
Ring Fencing. 16.7.1 A subsurface user shall be obliged to keep separate records for the calculation of tax obligations under the tax regime envisaged by the Contract and calculation of the tax obligations on the activity beyond the scope of this Contract.
Ring Fencing. The Company shall be subject to ring fencing provisions as provided for under the Taxation Act.
Ring Fencing. (a) Each of the Company and Trustee must not make, or permit to subsist, a contract with any Transurban Entity other than a contract:
Ring Fencing. (a) The Company must ensure that at all times while the Developments Contract subsists that it:
Ring Fencing. (a) Clepco must not make, or permit to subsist, a contract with any Transurban Entity other than a contract:
Ring Fencing. Between the Effective Date and the earlier of (i) the end of the Co-Operation Phase and (ii) the Deferred Closing Date, Seller shall procure that (A) the applicable Deferred Project and Deferred Project SPV are operated for no additional consideration in the ordinary course of business consistent with past practice, (B) no action described in Section 6.1(b)(xvi) is taken with respect to the applicable Deferred Project and Deferred Project SPV, including, for the avoidance of doubt, making any election to treat any Deferred Project SPV as an association taxable as a corporation for U.S. Federal (or applicable state and local) income Tax purposes, (C) for all Tax purposes, all Tax Returns and other Tax reporting of Seller and its Affiliates (including any Deferred Project SPV) with respect to the applicable Deferred Project and Deferred Project SPV are prepared in a manner consistent with past practice and (D) no Project Related Leakage either occurs or has been agreed (irrespective of the agreement being entered into prior to, on or after the Effective Date) and falls due after the Deferred Closing Date.
