ASIC relief.
(a) Notwithstanding any other provisions of the Plan, every covenant or other provisions set out in an exemption or modification granted from time to time by ASIC in respect of the Plan pursuant to its power to exempt and modify the Corporations Act and required to be included in the Plan in order for that exemption or modification to have full effect, is deemed to be contained in the Plan.
(b) To the extent that any covenant or other provision deemed by this Rule to be contained in the Plan is inconsistent with any other provision in the Plan, the deemed covenant or other provision shall prevail.
ASIC relief. Notwithstanding any other provisions of the Plan, but subject to the Board first passing an applicable resolution to this effect, every covenant or other provisions set out in an exemption or modification granted from time to time by ASIC in respect of the Plan or which applies to the Plan pursuant to its power to exempt and modify the Corporations Act and required to be included in the Plan in order for that exemption or modification to have full effect, is deemed to be contained in the Plan. To the extent that any covenant or other provision deemed by this clause 24 to be contained in the Plan is inconsistent with any other provision in the Plan, the deemed covenant or other provision will prevail.
ASIC relief. Without limiting clause 3.2, and except to the extent prohibited by law or a Government Agency, APD must:
(a) promptly prepare an application for the ASIC Relief and provide to Bidder a copy of that draft application;
(b) take into account in good faith any reasonable comments on the application provided by or on behalf of Bidder in a timely manner;
(c) apply for the ASIC Relief and take all steps reasonably required as part of the ASIC Relief process, including responding to requests for information from ASIC at the earliest practicable time;
(d) if requested in writing, keep Bidder reasonably informed of progress in relation to the ASIC Relief (including in relation to any material matters raised by, or conditions or other arrangements proposed by, or to, ASIC in relation to the ASIC Relief) and consult with Bidder prior to taking any steps to address any material matters raised in relation to the ASIC Relief; and
(e) provide Bidder with all information reasonably requested in connection with the progress of the ASIC Relief.
ASIC relief. As soon as practicable after the Execution Date (and in any event by no later than 5.00pm on the Business Day prior to the First Court Date), AMAL will apply for, and use its best endeavours to procure, ASIC relief to allow the on-sale of AMAL Shares that constitute the Option Consideration without disclosure.
ASIC relief. Compulsory Acquisition and acceptance by LinQ Capital 2
(i) the Bidder obtains the ASIC Relief; or
(ii) LinQ Capital 2 accepts the Offer in respect to the Treasury Units.
