Exchange Controls. Section 5(b)(i) (ILLEGALITY) is amended by adding the following paragraph at the end:- "This sub-paragraph (i) does not apply to the imposition by the Australian government or any agency of the Australian government of any exchange control restrictions or prohibitions ("EXCHANGE CONTROLS")." For the avoidance of doubt: (A) exchange controls do not constitute an Illegality or other Termination Event or an Event of Default under this Agreement, and do not entitle a party to terminate a Transaction or otherwise refuse to make any payments it is obliged to make under a Transaction: and (B) if and for so long as exchange controls are imposed, delivery by Party B of Australian dollar amounts required to be paid by it under any relevant Confirmation to the bank account in Australia notified in writing by Party A to Party B from time to time specified in that Confirmation will constitute proper payment of those amounts by Party B and Party A's obligations under this Agreement will be unaffected by any such exchange controls."
Appears in 4 contracts
Samples: Master Agreement (Crusade Management LTD), Master Agreement (Crusade Management LTD), Master Agreement (Crusade Global Trust No. 2 of 2006)
Exchange Controls. Section 5(b)(i) (ILLEGALITY) is amended by adding the following paragraph at the end:- end: "This sub-this sub paragraph (i) does not apply to the imposition by the Australian government or any agency of the Australian government of any exchange control restrictions or prohibitions ("EXCHANGE CONTROLS")." . For the avoidance of doubt:
(A) exchange controls do not constitute an Illegality or other Termination Event or an Event of Default under this Agreement, and do not entitle a party to terminate a Transaction or otherwise refuse to make any payments it is obliged to make under a Transaction: and
(B) if and for so long as exchange controls are imposed, delivery by Party B either party of Australian dollar amounts required to be paid by it under any relevant Confirmation to the bank account in Australia notified in writing by Party A a party (the "PAYER") to Party B the other party from time to time specified in that Confirmation will constitute proper payment of those amounts by Party B that other party and Party Athe payer's obligations under this Agreement will be unaffected by any such exchange controls."
Appears in 2 contracts
Samples: Isda Master Agreement (Me Portfolio Management LTD), Isda Master Agreement (Me Portfolio Management LTD)
Exchange Controls. Section 5(b)(i) (ILLEGALITYIllegality) is amended by adding the following paragraph at the end:- end: "This sub-this sub paragraph (i) does not apply to the imposition by the Australian government or any agency of the Australian government of any exchange control restrictions or prohibitions ("EXCHANGE CONTROLSexchange controls")." . For the avoidance of doubt:
(A) exchange controls do not constitute an Illegality or other Termination Event or an Event of Default under this Agreement, and do not entitle a party to terminate a Transaction or otherwise refuse to make any payments it is obliged to make under a Transaction: and
(B) if and for so long as exchange controls are imposed, delivery by Party B of Australian dollar amounts required to be paid by it under any relevant Confirmation to the bank account in Australia notified in writing by Party A to Party B from time to time specified in that Confirmation will constitute proper payment of those amounts by Party B and Party A's obligations under this Agreement will be unaffected by any such exchange controls."
Appears in 1 contract
Samples: Isda Master Agreement (Me Portfolio Management LTD)
Exchange Controls. Section 5(b)(i) (ILLEGALITY) is amended by adding the following paragraph at the end:- end: "This sub-this sub paragraph (i) does not apply to the imposition by the Australian government or any agency of the Australian government of any exchange control restrictions or prohibitions ("EXCHANGE CONTROLS")." . For the avoidance of doubt:
(A) exchange controls do not constitute an Illegality or other Termination Event or an Event of Default under this Agreement, and do not entitle a party to terminate a Transaction or otherwise refuse to make any payments it is obliged to make under a Transaction: ; and
(B) if and for so long as exchange controls are imposed, delivery by Party B of Australian dollar amounts required to be paid by it under any relevant Confirmation to the bank account in Australia notified in writing by Party A to Party B from time to time specified in that Confirmation will constitute proper payment of those amounts by Party B and Party A's obligations under this Agreement will be unaffected by any such exchange controls."
Appears in 1 contract
Samples: Isda Master Agreement (Me Portfolio Management LTD)
Exchange Controls. Section 5(b)(i) (ILLEGALITY) is amended by adding the following paragraph at the end:- end: "This sub-this sub paragraph (i) does not apply to the imposition by the Australian government or any agency of the Australian government of any exchange control restrictions or prohibitions ("EXCHANGE CONTROLS")." . For the avoidance of doubt:
(A) exchange controls do not constitute an Illegality or other Termination Event or an Event of Default under this Agreement, and do not entitle a party to terminate a Transaction or otherwise refuse to make any payments it is obliged to make under a Transaction: and
(B) if and for so long as exchange controls are imposed, delivery by Party B of Australian dollar amounts required to be paid by it under any relevant Confirmation to the bank account in Australia notified in writing by Party A to Party B from time to time specified in that Confirmation will constitute proper payment of those amounts by Party B and Party A's obligations under this Agreement will be unaffected by any such exchange controls."
Appears in 1 contract
Samples: Isda Master Agreement (Me Portfolio Management LTD)
Exchange Controls. Section 5(b)(i) (ILLEGALITYIllegality) is amended by adding the following paragraph at the end:- "This sub-paragraph (i) does not apply to the imposition by the Australian government or any agency of the Australian government of any exchange control restrictions or prohibitions ("EXCHANGE CONTROLSexchange controls")." For the avoidance of doubt:
(A) exchange controls do not constitute an Illegality or other Termination Event or an Event of Default under this Agreement, and do not entitle a party to terminate a Transaction or otherwise refuse to make any payments it is obliged to make under a Transaction: and
(B) if and for so long as exchange controls are imposed, delivery by Party B of Australian dollar amounts required to be paid by it under any relevant Confirmation to the bank account in Australia notified in writing by Party A to Party B from time to time specified in that Confirmation will constitute proper payment of those amounts by Party B and Party A's obligations under this Agreement will be unaffected by any such exchange controls."
Appears in 1 contract
Samples: Novation Agreement (Crusade Global Trust No. 2 of 2006)