Common use of Adjustment Events Clause in Contracts

Adjustment Events. If an Adjustment Event occurs or is proposed to occur on or before the Maturity Date, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index or, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangement, and, where appropriate, using similar data as referred to in the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and economic position as possible to what the Investor and the Issuer would have been in had the Adjustment Event not occurred. If in the reasonable opinion of the Issuer it is not possible or desirable to deal with the occurrence of the Adjustment Event in accordance with this clause 6, the Issuer may nominate the event as an Early Maturity Event and may deal with that event in accordance with clause 5. The Issuer will notify Investors of any adjustment that it proposes to make under this clause before the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable after the adjustment occurs and the Issuer will reasonably determine and notify Investors of the effective date of that adjustment.

Adjustment Events. 9.1. If the Underlying Financial Product on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, ZERO Securities Pty Ltd will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Underlying Financial Product, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion ZERO Securities Pty Ltd will notify you as soon as practicable of the Issuer adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2. ZERO Securities Pty Ltd may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but ZERO Securities Pty Ltd is not obliged to give you that opportunity, or give reasonable notice of it or make its terms correspond exactly with the Adjustment Event, nor is ZERO Securities Pty Ltd obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by ZERO Securities Pty Ltd. 9.3. If the Underlying Financial Product is subject to a take-over offer or similar event, ZERO Securities Pty Ltd may at any time prior to the closing date of the offer provide you notice of ZERO Securities Pty Ltd’ intention to Close the CFD, in accordance with clause7, with the Closing Price being the price notified to you by ZERO Securities Pty Ltd. 9.4. If at any time an Adjustment Event occurs, and it is not possible or desirable reasonably practicable as determined by ZERO Securities Pty Ltd in its absolute discretion to deal with the occurrence of the Adjustment Event in accordance with this clause 6, the Issuer may nominate the event as make an Early Maturity Event and may deal with that event adjustment in accordance with clause 5. The Issuer will notify Investors of 9.1 above, then without limiting 9.1 above, ZERO Securities Pty Ltd may at any adjustment that it proposes to make under this clause before the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable time after the adjustment Adjustment Event give you notice of ZERO Securities Pty Ltd’ intention to Close Out the CFD. If this occurs you will be taken to have been provided with closing notice in accordance with clause 7 above, with the Closing Price being the price notified to you by ZERO Securities Pty Ltd. 9.5. References to “offer”, “take-over” and “closing date” in this Schedule 1 will have the Issuer will reasonably determine and notify Investors of same meaning given to them in the effective date of that adjustmentCorporations Act 2001.

Adjustment Events. If an Adjustment Event occurs or is proposed to occur on or before the Maturity Date, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index or, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with The Vendor must notify PTNHM of any adjustment or change made to Adjustment Event within 14 days of the Issuer’s hedging arrangement, and, where appropriate, using similar data as referred to in Vendor first becoming aware of the Hedge or Adjustment Event. (ii) as the Issuer otherwise determines, provided that The Parties shall discuss in the reasonable opinion good faith appropriate means of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and economic position as possible to what the Investor and the Issuer would have been in had the Adjustment Event not occurred. If in the reasonable opinion of the Issuer it is not possible or desirable to deal with the occurrence of addressing the Adjustment Event in accordance with this clause 6the requirements of the VAT Law. If required by PTNHM or the ITO following an Adjustment Event, the Issuer Vendor must, in accordance with the VAT Law and the requirements of clause 5.2(b)(ii) above, issue a revised Invoice, revised Faktur Xxxxx sets of completed but not signed SSPs, to PTNHM that correctly reflects the amount of VAT (if any) payable on the supply (and cancelling or replacing, as appropriate, the original invoice and forms) within such timeframe as is reasonably requested by PTNHM or the ITO, or required by the VAT Law, as the case may nominate be. (iii) Following the event issuance of the revised invoice and forms to the PTNHM under clause 5.2(c)(i) above: (A) each Party shall file revised VAT returns to ITO that correctly reflects the amount of VAT (if any) payable on the supply that is the subject of the Adjustment Event; (B) where the result of the Adjustment Event is that VAT has been underpaid on the supply in the earlier tax period: (I) PTNHM, in accordance with its obligations as a duly designated VAT collector, shall on timely basis pay the appropriate additional amounts of VAT to the State Treasury, and provide an Early Maturity Event and may deal with that event original SSP in accordance with clause 5. The Issuer will notify Investors 5.2(b)(i) above reflecting such additional payment; and (II) the Vendor shall reimburse PTNHM for any amount payable to the ITO as a penalty in respect of the underpayment; and (C) where the result of the Adjustment Event is that VAT has been overpaid on the supply in the earlier tax period, PTNHM shall be entitled to receive any adjustment that it proposes to make under this clause before refund from the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable after the adjustment occurs ITO in respect of such overpayment and the Issuer will reasonably determine and notify Investors Vendor shall promptly remit any refund received by it from the ITO in respect of the effective date of that adjustmentsuch overpayment.

Adjustment Events. If Aurizon Network agrees there will be specified variation events beyond the control of the construction contractor which are not included in the contract price, i.e. Adjustment Events. General variations (which are not required, but may be desired by Aurizon Network as the construction contractor or the Trustee as the Principal) should be assessed on a case-by-case basis and not pre-approved. The QCA has proposed that a reasonable variation contingency is approved upfront with costs associated with Adjustment Events being approved if they fall within the contingency. Aurizon Network considers that costs in respect of Adjustment Events that are in excess of the contingency amount would nonetheless be prudent as they result from events beyond the construction contractor’s control and are not priced in the lump sum construction contract. An alternative option to provide for approval of such expenditure on Adjustment Events would be to establish a process that ensures all such expenditure is prudent. The incorporation of that process into the construction contract will give assurance to user funders that whatever they spend will be included in the RAB. As part of its assessment of prudency under the pre-approval process, as discussed above, the Independent Engineer is to approve, among other things, the events that are specified in the construction contract as Adjustment Events and that contract’s pricing. During the construction process, any claim by Aurizon Network as construction contractor in respect of an Adjustment Event occurs or is proposed to occur on or before be submitted to the Maturity DateIndependent Certifier, which has a duty of care to the Issuer may QCA (as well as the Trustee and Aurizon Network). Aurizon Network is only entitled to payment in its reasonable discretion elect to do any or all respect of that claim: • if the following: (a) substitute part or all of Independent Certifier considers that the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Assetclaimed Adjustment Event has occurred; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index or, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets • in the basket; and/or (c) adjust amount determined by the Independent Certifier in accordance with the construction contract The process is illustrated below: This process would ensure that the total amount paid by the Trust under the construction contract is prudent, regardless of whether the occurrence of Adjustment Events is significant or amend any variableminimal. There would therefore be no need for the QCA to set a contingency as it has proposed, formula, amount or calculation as set out or used in these Terms (including since there would be a rigorous and effective mechanism to ensure prudency of all Adjustment Event expenditure regardless of magnitude. This process would only apply to the PDS and payments under the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment construction contract in respect of the rights scope as at execution and obligations variations due to Adjustment Events. This would be without prejudice to Aurizon Network’s right to seek approval post construction. The issue of the Custodian may QCA approval of costs incurred under the construction contract should not be made unless consented impact on the progress of works under a construction contract with there being no question of having to by suspend works awaiting regulatory pre- approval. The proposed process depicted above would ensure that the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any user funders would always have comfort around the inclusion of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangement, and, where appropriate, using similar data as referred to in the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and economic position as possible to what the Investor and the Issuer would have been in had the Adjustment Event not occurredcosts as prudent. If in the reasonable opinion of the Issuer It would also avoid any delay to construction which would occur had there been a contingency and it is not possible or desirable to deal with the occurrence of the Adjustment Event in accordance with this clause 6, the Issuer may nominate the event as an Early Maturity Event and may deal with that event in accordance with clause 5. The Issuer will notify Investors of any adjustment that it proposes to make under this clause before the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable after the adjustment occurs and the Issuer will reasonably determine and notify Investors of the effective date of that adjustmentwas fully expended.

Adjustment Events. 9.1. If the Reference Security on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, PENTAGON CAPITAL MARKETS LTD will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Reference Security, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion PENTAGON CAPITAL MARKETS LTD will notify you as soon as practicable of the Issuer it adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2. PENTAGON CAPITAL MARKETS LTD may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but PENTAGON CAPITAL MARKETS LTD is not possible obliged to give you that opportunity, or desirable to deal give reasonable notice of it or make its terms correspond exactly with the occurrence Adjustment Event, nor is PENTAGON CAPITAL MARKETS LTD obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by PENTAGON CAPITAL MARKETS LTD. 9.3. If the Reference Security is subject to a take-over offer or similar event, PENTAGON CAPITAL MARKETS LTD may at any time prior to the closing date of the Adjustment Event in accordance with this clause 6offer provide you notice of PENTAGON CAPITAL MARKETS LTD’s intention to Close the CFD, the Issuer may nominate the event as an Early Maturity Event and may deal with that event in accordance with clause 57, with the Closing Price being the price notified to you by PENTAGON CAPITAL MARKETS LTD. 9.4. The Issuer will notify Investors of If at any adjustment that it proposes to make under this clause before the adjustment time an Adjustment Event occurs or, if and it is not possible to notify before the adjustment, as soon as reasonably practicable as determined by PENTAGON CAPITAL MARKETS LTD in its absolute discretion to make an adjustment in accordance with clause 9.1 above, then without limiting 9.1 above, PENTAGON CAPITAL MARKETS LTD may at any time after the adjustment Adjustment Event give you notice of PENTAGON CAPITAL MARKETS LTD’s intention to Close Out the CFD. If this occurs you will be taken to have been provided with Closing Notice in accordance with clause 7 above, with the Closing Price being the price notified to you by PENTAGON CAPITAL MARKETS LTD. 9.5. References to “offer”, “take-over” and “closing date” in clause 9.1 above will have the Issuer will reasonably determine and notify Investors same meaning given to them by The accreditation Bureau of National Statistics of the effective date Agency for Strategic Planning and Reforms of that adjustmentthe Republic of Xxxxxxxxxx.

Adjustment Events. If (a) The Borrower shall notify the Administrative Agent and each Lender as soon as reasonably practicable upon becoming aware of any possible Adjustment Event; provided that an Adjustment Event occurs or is proposed shall be deemed to occur have occurred on or before the Maturity Dateearliest of (i) the announcement date, (ii) the Issuer may in its reasonable discretion elect to do any or all ex-date, if applicable, of the following: relevant event and (aiii) substitute part or all of such other date as the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/orCalculation Agent determines is commercially reasonable. (b) substitute Upon the affected Delivery Asset with any other security quoted occurrence of an Adjustment Event, the Calculation Agent may in good faith and trading on the ASX which is a constituent of the S&P/ASX 200 Index or, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: commercially reasonable manner (i) in a manner consistent with any adjustment adjust one or change made more terms of this Agreement as the Calculation Agent reasonably determines appropriate to account for the Issuer’s hedging arrangement, and, where appropriate, using similar data as referred to in economic effect of the Hedge or related Adjustment Event on the Pledged Shares and/or the Loans and (ii) as determine the Issuer otherwise determineseffective time of such adjustment or adjustments (which may take into account, provided that in the reasonable opinion among other factors, volatility, expected dividends, stock loan rate, free float or liquidity of the Issuer Common Shares or the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and economic position as possible to what the Investor and the Issuer would have been in had the Adjustment Event not occurred. If in the reasonable opinion credit profile of the Issuer it is not possible or desirable to deal with Issuer). Within three (3) Business Days following the occurrence of the any Adjustment Event in accordance with this clause 6of which the Calculation Agent has knowledge, the Issuer may nominate Calculation Agent shall notify each Lender of the event as an Early Maturity Event and may deal with that event in accordance with clause 5. The Issuer will notify Investors adjustments to the terms or provisions of any adjustment the Facility that it proposes to make under in respect thereof, and the proposed effective time therefor (or its determination that no such adjustment is necessary). If, within one Business Day of receiving such notice, the Required Lenders notify the Calculation Agent that they disagree with such proposed adjustments or effective time (or the Calculation Agent’s determination that no such adjustment is necessary), and include in such notice an alternative set of adjustments that the Required Lenders propose to make in respect of such Adjustment Event that comply with the provisions set forth in Section 1.3 (Determinations; Lender Consultation) (which shall apply for this clause before purpose as if the Lenders sending such notice were the Calculation Agent), and a proposed effective time therefor, then the Calculation Agent shall notify the Borrower that such alternative adjustments apply as of such effective time. Except with the consent or at the direction of the Required Lenders, the Calculation Agent shall not make any adjustment occurs in respect of an Adjustment Event or notify the Borrower of its determination that no such adjustment is necessary prior to the earlier of (i) the fifth Business Day following the occurrence thereof and (ii) its receipt of notice from the Required Lenders of any alternative adjustments (and a proposed effective time therefor) or that they agree with the Calculation Agent’s proposed adjustments (and the effective time therefor). Subject to Section 1.3 (Determinations; Lender Consultation), any such adjustments pursuant to this paragraph (b) shall be binding on all parties to the Loan Documents and all such parties shall enter into such documentation reasonably requested by the Calculation Agent to reflect such adjustments. All determinations made by the Calculation Agent in connection with an Adjustment Event shall be made in good faith and in a commercially reasonable manner. Without limiting the foregoing, the Borrower shall, at its own expense, take whatever action is reasonably necessary or reasonably required by the Administrative Agent by notice to the Borrower (including, without limitation, execution of documents, registrations, notarizations, payment of all stamp duties, registration and notarial fees and provision of legal advice, including formal legal opinions, in the relevant jurisdictions), for the purposes of: (i) extending the security created by the Security Documents to all shares, securities, cash (and the debt represented thereby), other distributions and rights resulting from an Adjustment Event and accruing to the Borrower, all of the foregoing relating to the Pledged Shares, including, without limitation, any substitute, alternative or additional assets (each an “Additional Asset”) that are not, prior to such event, the subject of such security; or, if it (ii) to the extent such security is not possible capable of being so extended, creating new security over such Additional Assets in form and substance reasonably satisfactory to notify before each Applicable Lender; or (iii) to the adjustmentextent such new security is not created, as soon as providing to the Finance Parties alternative security, in form and substance reasonably practicable after the adjustment occurs and the Issuer will reasonably determine and notify Investors of the effective date of that adjustmentsatisfactory to each Applicable Lender.

Adjustment Events. 9.1 If the Underlying Financial Product on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, FP Markets will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Underlying Financial Product, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion FP Markets will notify you as soon as practicable of the Issuer it is not possible or desirable adjustment. In the absence of any manifest error any adjustment determined will be deemed to deal be conclusive and binding on you. 9.2 FP Markets may give you an opportunity to electtoparticipateinanadjustmenttotheCFD which corresponds with the occurrence Adjustment Event, but FPMarketsis not obligedtogiveyouthat opportunity, orgivereasonablenotice ofit or make its terms correspond exactly with the Adjustment Event, nor is FPMarkets obliged to acceptinpartoratallanyelectionyoumaketo participate. Anyadjustment will takeeffectat the time determined by FP Markets. 9.3 If the Underlying Financial Product is subject toa take-over offer or similar event, FPMarkets may at any time prior to the closing date of the Adjustment Event in accordance with this clause 6offer provide you notice of FP Markets’ intentionto Close the CFD, the Issuer may nominate the event as an Early Maturity Event and may deal with that event in accordance with clause 5. The Issuer will notify Investors of 7,with the Closing Price being the price notified to you by FP Markets. 9.4 If at any adjustment that it proposes to make under this clause before the adjustment time an Adjustment Event occurs or, if and it is not possible to notify before the adjustment, as soon as reasonably practicable as determined by FP Markets in its absolute discretion to make an adjustment inaccordance withclause 9.1 above, then without limiting 9.1 above, FP Markets may at any time after the adjustment occurs and Adjustment Event give you notice of FP Markets’ intention to Close Out the Issuer CFD. If this occursyou will reasonably determine and notify Investors of be taken to have been provided with closing notice in accordance with clause 7 above, with the effective date of that adjustmentClosing Price being the price notified to you by FP Markets. 9.5 References to“offer”, “take-over” and“closing date” in this Schedule 1 will have the same meaning given to them in the Corporations Xxx 0000.

Adjustment Events. 9.1 If the Underlying Financial Product on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, FP Markets will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Underlying Financial Product, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion FP Markets will notify you as soon as practicable of the Issuer adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2 FP Markets may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but FP Markets is not obliged to give you that opportunity, or give reasonable notice of it or make its terms correspond exactly with the Adjustment Event, nor is FP Markets obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by FP Markets. 9.3 If the Underlying Financial Product is subject to a take-over offer or similar event, FP Markets may at any time prior to the closing date of the offer provide you notice of FP Markets’ intention to Close the CFD, in accordance with clause7, with the Closing Price being the price notified to you by FP Markets. 9.4 If at any time an Adjustment Event occurs and it is not possible or desirable reasonably practicable as determined by FP Markets in its absolute discretion to deal with the occurrence of the Adjustment Event in accordance with this clause 6, the Issuer may nominate the event as make an Early Maturity Event and may deal with that event adjustment in accordance with clause 5. The Issuer will notify Investors of 9.1 above, then without limiting 9.1 above, FP Markets may at any adjustment that it proposes to make under this clause before the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable time after the adjustment Adjustment Event give you notice of FP Markets’ intention to Close Out the CFD. If this occurs you will be taken to have been provided with closing notice in accordance with clause 7 above, with the Closing Price being the price notified to you by FP Markets. 9.5 References to “offer”, “take-over” and “closing date” in this Schedule 1 will have the Issuer will reasonably determine and notify Investors of same meaning given to them in the effective date of that adjustmentCorporations Act 2001.

Adjustment Events. 9.1. If the Underlying Financial Product on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, FP Markets will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Underlying Financial Product, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion FP Markets will notify you as soon as practicable of the Issuer adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2. FP Markets may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but FP Markets is not obliged to give you that opportunity, or give reasonable notice of it or make its terms correspond exactly with the Adjustment Event, nor is FP Markets obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by FP Markets. 9.3. If the Underlying Financial Product is subject to a take-over offer or similar event, FP Markets may at any time prior to the closing date of the offer provide you notice of FP Markets’ intention to Close the CFD, in accordance with clause7, with the Closing Price being the price notified to you by FP Markets. 9.4. If at any time an Adjustment Event occurs and it is not possible or desirable reasonably practicable as determined by FP Markets in its absolute discretion to deal with the occurrence of the Adjustment Event in accordance with this clause 6, the Issuer may nominate the event as make an Early Maturity Event and may deal with that event adjustment in accordance with clause 5. The Issuer will notify Investors of 9.1 above, then without limiting 9.1 above, FP Markets may at any adjustment that it proposes to make under this clause before the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable time after the adjustment Adjustment Event give you notice of FP Markets’ intention to Close Out the CFD. If this occurs you will be taken to have been provided with closing notice in accordance with clause 7 above, with the Closing Price being the price notified to you by FP Markets. 9.5. References to “offer”, “take-over” and “closing date” in this Schedule 1 will have the Issuer will reasonably determine and notify Investors of same meaning given to them in the effective date of that adjustmentCorporations Xxx 0000.

Adjustment Events. 9.1. If the Reference Security on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, KITCO MARKETS LLC will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Reference Security, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion KITCO MARKETS LLC will notify you as soon as practicable of the Issuer it adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2. KITCO MARKETS LLC may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but KITCO MARKETS LLC is not possible obliged to give you that opportunity, or desirable to deal give reasonable notice of it or make its terms correspond exactly with the occurrence Adjustment Event, nor is KITCO MARKETS LLC obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by KITCO MARKETS LLC. 9.3. If the Reference Security is subject to a take-over offer or similar event, KITCO MARKETS LLC may at any time prior to the closing date of the Adjustment Event in accordance with this clause 6offer provide you notice of KITCO MARKETS LLC’s intention to Close the CFD, the Issuer may nominate the event as an Early Maturity Event and may deal with that event in accordance with clause 57, with the Closing Price being the price notified to you by KITCO MARKETS LLC. 9.4. The Issuer will notify Investors of If at any adjustment that it proposes to make under this clause before the adjustment time an Adjustment Event occurs or, if and it is not possible to notify before the adjustment, as soon as reasonably practicable as determined by KITCO MARKETS LLC in its absolute discretion to make an adjustment in accordance with clause 9.1 above, then without limiting 9.1 above, KITCO MARKETS LLC may at any time after the adjustment Adjustment Event give you notice of KITCO MARKETS LLC’s intention to Close Out the CFD. If this occurs you will be taken to have been provided with Closing Notice in accordance with clause 7 above, with the Closing Price being the price notified to you by KITCO MARKETS LLC. 9.5. References to “offer”, “take-over” and “closing date” in clause 9.1 above will have the Issuer will reasonably determine and notify Investors of same meaning given to them in the effective date of that adjustmentCorporations Xxx 0000.

Adjustment Events. 9.1 If the Underlying Financial Product on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, FP Markets will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Underlying Financial Product, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion FP Markets will notify you as soon as practicable of the Issuer it adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2 FP Markets may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but FP Markets is not possible obliged to give you that opportunity, or desirable to deal give reasonable notice of it or make its terms correspond exactly with the occurrence Adjustment Event, nor is FP Markets obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by FP Markets. 9.3 If the Underlying Financial Product is subject toa take-over offer or similar event, FPMarkets may at any time prior to the closing date of the Adjustment Event in accordance with this clause 6offer provide you notice of FP Markets’ intention to Close the CFD, the Issuer may nominate the event as an Early Maturity Event and may deal with that event in accordance with clause 5. The Issuer will notify Investors of 7,with the Closing Price being the price notified to you by FP Markets. 9.4 If at any adjustment that it proposes to make under this clause before the adjustment time an Adjustment Event occurs or, if and it is not possible to notify before the adjustment, as soon as reasonably practicable as determined by FP Markets in its absolute discretion to make an adjustment in accordance with clause 9.1 above, then without limiting 9.1 above, FP Markets may at any time after the adjustment Adjustment Event give you notice of FP Markets’ intention to Close Out the CFD. If this occurs you will be taken to have been provided with closing notice in accordance with clause 7 above, with the Closing Price being the price notified to you by FP Markets. 9.5 References to “offer”, “take-over” and “closing date” in this Schedule 1 will have the Issuer will reasonably determine and notify Investors of same meaning given to them in the effective date of that adjustmentCorporations Xxx 0000.

Adjustment Events. 9.1 If the Underlying Financial Product on which a CFD is quoted is subject to an Adjustment Event occurs or is proposed to occur on or before possible Adjustment Event, FP Markets will determine the Maturity Dateadjustment, the Issuer may in its reasonable discretion elect to do any or all of the following: (a) substitute part or all of the affected Reference Asset with any other asset (including an index) or withdraw part or all of the affected Reference Asset; and/or (b) substitute the affected Delivery Asset with any other security quoted and trading on the ASX which is a constituent of the S&P/ASX 200 Index orif any, where the Delivery Asset is a basket of securities, determine to withdraw the affected Delivery Asset and deliver only the unaffected Delivery Assets in the basket; and/or (c) adjust or amend any variable, formula, amount or calculation as set out or used in these Terms (including the PDS and the relevant Term Sheet PDS); and/or (d) adjust, amend or substitute the definition of Reference Asset or Delivery Asset, Final Value, Final Coupon, Coupons, Investment Term and/or vary, adjust, amend or replace any of the terms referred to in the PDS, however, any amendment in respect of the rights and obligations of the Custodian may not that will be made unless consented to by the Custodian; and/or (e) determine to suspend, delay, defer or bring forward any of the necessary calculations or any date which a calculation, valuation or payment is due to be made referred to in these Terms as appropriate until reliable values can be obtained; either: (i) in a manner consistent with any adjustment or change made to the Issuer’s hedging arrangementContract Value of that Underlying Financial Product, and, where appropriate, using similar data as referred to the related quantity (or both) that would have placed the parties in substantially the Hedge or (ii) as the Issuer otherwise determines, provided that in the reasonable opinion of the Issuer the adjustment is appropriate to put both the Issuer and the Investor in as substantially similar and same economic position as possible to what the Investor and the Issuer they would have been in had the Adjustment Event event not occurred. If in the reasonable opinion FP Markets will notify you as soon as practicable of the Issuer adjustment. In the absence of any manifest error any adjustment determined will be deemed to be conclusive and binding on you. 9.2 FP Markets may give you an opportunity to elect to participate in an adjustment to the CFD which corresponds with the Adjustment Event, but FP Markets is not obliged to give you that opportunity, or give reasonable notice of it or make its terms correspond exactly with the Adjustment Event, nor is FP Markets obliged to accept in part or at all any election you make to participate. Any adjustment will take effect at the time determined by FP Markets. 9.3 If the Underlying Financial Product is subject to a take-over offer or similar event, FP Markets may at any time prior to the closing date of the offer provide you notice of FP Markets’ intention to Close the CFD, in accordance with clause7, with the Closing Price being the price notified to you by FP Markets. 9.4 If at any time an Adjustment Event occurs and it is not possible or desirable reasonably practicable as determined by FP Markets in its absolute discretion to deal with the occurrence of the Adjustment Event in accordance with this clause 6, the Issuer may nominate the event as make an Early Maturity Event and may deal with that event adjustment in accordance with clause 5. The Issuer will notify Investors of 9.1 above, then without limiting 9.1 above, FP Markets may at any adjustment that it proposes to make under this clause before the adjustment occurs or, if it is not possible to notify before the adjustment, as soon as reasonably practicable time after the adjustment Adjustment Event give you notice of FP Markets’ intention to Close Out the CFD. If this occurs you will be taken to have been provided with closing notice in accordance with clause 7 above, with the Closing Price being the price notified to you by FP Markets. 9.5 References to “offer”, “take-over” and “closing date” in this Schedule 1 will have the Issuer will reasonably determine and notify Investors of same meaning given to them in the effective date of that adjustmentCorporations Xxx 0000.