FIRB. The Purchaser does not require the approval of the Treasurer of the Commonwealth of Australia to the acquisition of the Property under the Foreign Acquisitions and Takeovers Xxx 0000 (Cth). Purchaser’s Covenant Deed THIS DEED POLL is made the day of 2018 by Centuria Property Funds No. 2 Limited ACN 133 363 185 as responsible entity of Centuria Urban REIT (‘Purchaser’) in favour of Xxxxx (Aus) Nominees Pty Ltd (ACN 605 498 093) as trustee of the Xxxxx Global REIT Brookes Trust (‘Landlord’) and [insert Tenant] (‘Tenant’).
FIRB. (A) the Treasurer of Australia or his delegate notifies B2Gold in writing that there are no objections in terms of foreign investment policy of the Australian government to the acquisition by B2Gold of the Papillon Shares under the Scheme, or is subject to conditions that Papillon and B2Gold, acting reasonably, consider to be acceptable; or
(B) the Treasurer of Australia becomes precluded by passage of time from making any order under Part II of the Foreign Acquisitions and Takeovers Xxx 0000 (Cth) in respect of the acquisition by B2Gold of the Papillon Shares under the Scheme;
FIRB before 5.00pm on the Business Day before the Second Court Date one of the following has occurred:
FIRB on or before the Delivery Time, either:
(a) the Treasurer (or his delegate) has provided a notice in writing stating or to the effect that, in terms of Australia’s foreign investment policy, the Australian Government does not object to Casa acquiring the Scheme Shares pursuant to the Scheme either unconditionally or on terms that are acceptable to Casa (acting reasonably); or
(b) by reason of lapse of time, the Treasurer is no longer empowered under the FATA to make an order prohibiting the acquisition of the Scheme Shares by Casa under the Scheme.
FIRB. Before 5:00pm on the Business Day before the Second Court Date, either:
(i) Nippon Paint has received a written notice under FATA from the Treasurer (or the Treasurer’s delegate) stating that, or to the effect that, the Commonwealth Government does not object to the acquisition of all the Scheme Shares by Nippon Paint under the Transaction, either without conditions or subject only to the Standard Tax Conditions or conditions that are acceptable to Nippon Paint (acting reasonably to the extent required by clause 3.3); or
(ii) following notice of the proposed acquisition of all the Scheme Shares by Nippon Paint under the Transaction having been given by Nippon Paint to the Treasurer under FATA, the Treasurer ceases to be empowered to make any order under Part 3 of FATA.
FIRB. The Developer warrants that it either has an exemption or does not require approval under the FIRB Act in relation to the entry into of this deed and the Project Documents or it has, prior to the date of this deed, obtained such approval and provided a copy to the State.
FIRB. (a) The purchaser warrants that:
(1) the purchaser is not a Foreign Resident; and
(2) the Commonwealth cannot prohibit completion of the transfer of the Property to the purchaser under the FIRB Act.
(b) If for any reason FIRB prohibits the transfer of the Property to the purchaser at any time before completion, then:
(1) the purchaser must immediately notify the vendor of the prohibition in writing; and
(2) the vendor may terminate the Contract by giving written notice to the purchaser at any time after the vendor learns of that prohibition and Printed Condition 9 applies.
(c) The purchaser indemnifies and will keep indemnified the vendor against all losses, damages, liabilities, claims, costs and expenses incurred by the vendor arising out of any breach of this Special Condition by the purchaser.
FIRB. Buyer shall have received approval of its purchase by the Foreign Investment Review Board of Australia.
FIRB. Seller shall co-operate with IBAH in all reasonable ways in connection with any application, notification, or filing of IBAH pursuant to the Australian Foreign Investment Review Board in relation to either the Foreign Acquisitions and Takeovers Xxx 0000 (Cwth) or the Australian Government's Foreign Investment Policy.
FIRB before 8.00am on the Second Court Date, either:
(1) Newmont has received a written notice under the FATA, by or on behalf of the Treasurer of the Commonwealth of Australia, stating that the Commonwealth Government does not object to the acquisition by Newmont Overseas of the Scheme Shares pursuant to the Scheme, either unconditionally or on terms that Newmont considers to be acceptable (acting reasonably);
(2) the Treasurer of the Commonwealth of Australia becomes precluded from making an order under Division 2 of Part 3 of the FATA in relation to the acquisition by Newmont Overseas of the Scheme Shares pursuant to the Scheme and the acquisition by Newmont Overseas of the Scheme Shares is not prohibited under the FATA; or
(3) if an interim order is made under the FATA in respect of the acquisition by Newmont Overseas of the Scheme Shares pursuant to the Scheme, the subsequent period for making a final order prohibiting the acquisition of the Scheme Shares pursuant to the Scheme by Newmont Overseas elapses without a final order being made.
